Huawei filed a trademark application in the UK for ‘Mind Studio’ in classes 9 and 42 – software development tools, computer software platforms for mobile devices, computer software management services, and the development of software applications.
Against this application an opposition was filed by the education company Minds Studio based on an early registered European trademark for Minds Studio in clauses 41 and 42 – design services; IT services; science and technology services; and testing, authentication, and quality control.
According to the Chinese company there was no similarity between the goods and services of both signs because they target different consumer groups.
The Patent Office disagreed. First of all, the Office considered both marks as highly similar almost identical. The difference of only one letter “s” at the end of the first word is not enough to overcome this conclusion.
As to the goods and services, the Office consider them similar and identical. They target the same consumers, distribution and trade channels.
In light of this it is possible a confusion to arise in the consumer mind regarding both signs. The opposition was upheld in its entirety.