Cordiant Communications Group Plc v Chordiant Software, Inc

The dispute before the Hearing Officer concerned an application by Cordiant Communications Group Plc for the registration of a trade mark, "Chordiant", in class 9 of the Nice Classification. The application was opposed by Chordiant Software, Inc. on the grounds of likely confusion with its own registered trade mark, also "Chordiant", in class 9.

The Hearing Officer was required to determine whether the applicant's proposed mark was likely to cause confusion with the opponent's registered mark, having regard to the similarity of the marks, the similarity of the goods or services, and the strength of the opponent's mark. The Hearing Officer also had to consider whether the opponent's mark had acquired distinctiveness.

In reaching her decision, the Hearing Officer applied the principles established in *Theدى v Theدى* and *Registrar of Trade Marks v Multiplex*. She found that the marks were identical and that the goods were also identical. The Hearing Officer concluded that there was a strong likelihood of confusion and that the opponent's mark had acquired a significant degree of distinctiveness.

The Hearing Officer therefore dismissed the application for registration of the trade mark.