Trade mark decision

BL Number

O/057/05

Decision date

4 March 2005

Hearing officer

Mr G Salthouse

Mark

AAA

Classes

09, 16, 18, 25, 35, 38, 41, 45

Applicant

Triple A Multimedia Group Limited

Opponent

Triple A Group Limited

Opposition

Section 5(2)(b)

Result

Section 5(2)(b): - Opposition failed.

Points Of Interest

• 1. Comparison of the marks. TRIPLE A & device of letter As v device of letter A's.
• 2. Comparison of the services in Classes 35, 38 & 45; "offering business advice on employment is entirely different to running an employment agency".

Summary

The opposition was based on a registration of a device mark comprising three letter As. interlinked, in Class 35, and a registration of the words TRIPLE A, also in Class 35. Only the applicant's specification in Classes 35, 38 and 45 were opposed.

Having compared the marks, (which had some phonetic and conceptual similarities and, in the case of the device marks some visual similarity also), and the services, the Hearing Officer found no likelihood of confusion. The opposition failed accordingly.

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