Texas Instruments Incorporated [2015] ATMO 80

This matter concerned a trade mark application filed by Texas Instruments Incorporated for the below trade mark covering goods in Class 9.

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An Examiner’s report issued in relation to the above application on the basis of a prior trade mark registration for ‘DLP’, which also covered goods in Class 9.

There was no discussion on the similarity of the respective trade marks, however, the Hearing Officer was persuaded that despite both trade marks notionally covering ‘electronic circuits’, this was not sufficient on its own to determine that the goods were similar.

The Hearing Officer concluded that the respective goods were sufficiently different on the basis that uses and trade channels of the actual goods sold differed.

The application has been accepted for registration.

To view the Office decision, click here.