Trade mark decision

BL Number

O/232/03

Decision date

14 August 2003

Hearing Officer

Mr J MacGillivray

Mark

AUTONOMY AXE

Classes

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))

Result

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

Points Of Interest

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

Summary

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 42Kb