Trade mark decision

BL Number
Decision date
14 August 2003
Hearing Officer
Mr J MacGillivray
09, 38, 42
Autonomy Corporation Plc
Telefonaktiebolaget L M Ericsson
Sections 5(1) & 5(2)(a)


Section 5(1) - Opposition successful in respect of Classes 9 & 38.

Section 5(2)(a) - Opposition successful in respect of Class 42.

Points Of Interest

  • 1. Comparison of goods services (computer related) listed in the Appendix to the decision.


The opposition was based on the opponents' mark AXE registered in Classes 9, 37, 38, 41 & 42.

The marks being identical the Hearing Officer turned to a comparison of the respective goods, taking first, the Class 9 specifications. Here he found that all of the applicants’ goods were identical to goods within the opponents' Class 9 specification.

The Hearing Officer found the Class 38 services to be identical also.

A detailed analysis of the applicants’ Class 42 specification resulted in the conclusion that these services were at least similar to the goods and services in the opponents’ specifications.

Taking all the relevant factors into account the Hearing Officer found the opponents successful under Section 5(1) in relation to the Class 9 and Class 38 applications, and successful under Section 5(2)(a) in respect of the Class 42 application.

Full decision O/231/03 PDF document37Kb