Cordiant Communications Group Plc v Chordiant Software, Inc

The dispute concerned the registration of a trade mark. Cordiant Communications Group Plc (the applicant) sought to register the trade mark "CHORDIANT" in relation to computer software and related services. Chordiant Software, Inc (the opponent) opposed the registration on the grounds that the mark was identical or deceptively similar to its own registered trade mark "CORDIA NT" and that the applicant's use of the mark would be likely to deceive or cause confusion. The matter was heard by a Hearing Officer.

The primary legal issue before the Hearing Officer was whether the applicant's proposed trade mark "CHORDIANT" was identical or deceptively similar to the opponent's registered trade mark "CORDIA NT" for the purposes of the relevant trade mark legislation. This involved an assessment of the visual, aural, and conceptual similarities between the two marks, as well as consideration of the goods and services in relation to which the marks were to be used.

The Hearing Officer applied the principles established in trade mark law regarding the comparison of marks. This involved considering the marks as a whole, rather than dissecting them into their component parts. The Hearing Officer found that while there were some visual and aural similarities, the marks were not identical. Crucially, the Hearing Officer determined that there was a low degree of similarity between the marks, and that in the context of the goods and services, there was no likelihood of deception or confusion among consumers. The Hearing Officer noted that the opponent's mark was a composite mark, and the applicant's mark was a single word.

The Hearing Officer dismissed the opposition and allowed the registration of the trade mark "CHORDIANT".