An application made by Strategies Unleased to register the trade mark ATOMIC BEATS for audio goods in Class 9 was opposed by Beats Electronics on the basis of its prior reputation in various trade marks, including ‘BEATS’.

The opponent led significant evidence of its use of its various trade marks and, in the hearing officer’s view, was able to establish “significant reputation” of its trade marks prior to the filing of the ATOMIC BEATS application.

On the question of likely confusion, the hearing officer noted that BEATS is wholly contained within the applied for ATOMIC BEATS trade mark and that the opponent regularly engaged in the extension of its BEATS brand (including, for example, POWERBEATS, JUST BEATS, HEARTBEATS, and CLUB BEATS). As such, the hearing officer was satisfied “that there is a real, tangible danger that relevant consumers would be confused as to the trade source”. The opposition was successful and the application denied registration.

To view the Office decision, click here.