Trade mark decision
- BL Number
- O/395/03
- Decision date
- 19 December 2003
- Hearing Officer
- Dr W J Trott
- Mark
- 'T' MARK
- Classes
- 09, 16, 37, 41, 42
- Applicant
- Trend Micro Inc
- Opponent
- Deutsche Telekom
- Opposition
- Section 5(2)(b)
Result
Section 5(2)(b) - Opposition successful.
Points Of Interest
- 1. Single letter marks
- 2. Comparison of the goods/services.
Summary
The opposition was based on marks in the form of a stylised letter ‘t’, registered in Classes 1, 2, 3, 4, 5, 6, 9, 10, 16, 35, 36, 38, 39, 41 and 42.
Reviewing the matter the Hearing Officer concluded:- the opponents could not claim an enhanced distinctiveness for their mark on the basis of their reputation; the marks gave an overall impression – of 'very close similarity'; the 'vast majority' of the goods and services specified in the application were either similar to or identical with the opponents' goods and services, none were found to be different; the average consumers could be assumed to be both members of the public and professionals experienced in the trade; the opponents’ mark was 'reasonably distinctiv'’.
From these findings the Hearing Officer concluded that there existed a likelihood of confusion. The opposition succeeded accordingly.
Full decision O/395/03 
92Kb
