Trade mark decision

BL Number: O/286/99
Decision date: 23 August 1999
Hearing Officer: Mr M Reynolds
Mark: TECHMEDIA
Classes: 09
Applicant: Techmedia Europe Limited (formerly Techmedia Group Limited)
Opponent: Deutsche Telekom AG
Opposition: Section 5(2)(b)

Result

Section 5(2)(b) - Opposition failed

Points Of Interest

1. The opponents appealed to the Appointed Person. See Mr Geoffrey Hobbs decision O/456/00 dated 28 September 2000.

Summary

The opponents owned registrations for their mark T-Media in Classes 9, 38 and 42 and claimed to have used their mark in the UK. As identical and closely similar goods/services were at issue the dispute rested on a comparison of the respective marks TECHMEDIA and T-MEDIA. The opponents claimed close visual and phonetic similarity but the Hearing Officer concluded that the respective marks were not similar visually or conceptually similar and that confusion was unlikely even taking into account imperfect recollection.

The opponents had also referred to other marks on the Register in Class 9, namely TERRAMEDIA , TRANSMEDIA, TRI-MEDIA and TRIMEDIA but the Hearing Officer felt no need to consider that aspect. However, he felt that the presence of such marks reinforced his decision.

Full decision O/286/99 27Kb