Trade mark decision

BL Number
Decision date
14 August 2003
Hearing Officer
Mr J MacGillivray
09, 38, 42
Registered Proprietor
Autonomy Corporation Plc
Applicants for Declaration of Invalidity
Telefonaktiebolaget L M Ericsson
Application for Invalidation
Section 47(2)(a) (Section 5(2)(b))


Application for invalidation, Section 47(2)(a) (Section 5(2)(b)) successful.

Points Of Interest

  • 1. Comparison of the marks AXE v AUTONOMY AXE.


Decision BL O/231/03 qv dealt with an opposition to registration of AXE, an application specifying the same goods and services as specified in the registration in suit in this case. The Hearing Officer found in that case the goods/services to be identical or similar; the issue in this case came down, therefore, to a comparison of the marks, AXE v AUTONOMY AXE.

Having compared these and taken account of all relevant factors the Hearing Officer concluded that there existed a likelihood of confusion and the application for invalidation succeeded accordingly; the registration was deemed never to have been made, Section 47(6).

Full decision O/232/03 PDF document42Kb