Finaxa Societe Anonyme v Anthony Arnedo

Finaxa Societe Anonyme (the opponent) sought to oppose the registration of the trade mark AXA DESIGN by Anthony Arnedo (the applicant). The dispute concerned the potential for confusion and similarity between the applicant's proposed trade mark and existing trade marks. The decision was made by Claudia Murray.

The court was required to determine whether the applicant's proposed trade mark, AXA DESIGN, was substantially identical with or deceptively similar to a registered trade mark owned by the opponent, specifically in relation to similar or closely related goods or services. The court also had to consider the priority dates of the respective trade marks. The opponent ultimately withdrew all grounds of opposition except those based on sections 44 and 60 of the relevant Act.

The court's reasoning focused on the definition of "deceptively similar" as provided in section 10 of the Act, which states that a trade mark is deceptively similar if it is likely to deceive or cause confusion. The opponent relied on its registered trade mark number 798160. The applicant asserted that his use of AXA derived from the Anglicised version of his Spanish name and that he had used AXA DESIGN since January 1996, building a reputation in the audio and lighting control systems market. The court considered the evidence presented by both parties regarding the use and reputation of their respective trade marks.