Dating app secures another TM victory
The owner of Tinder has blocked a rival’s attempt to register a play on ‘matchmaking’.
The UK Intellectual Property Office (IPO) has sided with online dating service Match Group, in its bid to stop a trademark registration for ‘Perfect Match’.
In a decision handed down on July 4, the IPO concluded that ‘Perfect Match’ would take unfair advantage of Match Group’s reputation.
The ‘Perfect Match’ trademark was applied for in March last year, and was assigned to The Perfect Match Ltd the same day. It covers dating agency services in class 45.
In August 2021, Match Group opposed the trademark, relying on its two UK trademarks (one a logo of ‘match’ and the other ‘ match.com') and an unregistered sign in opposition. Each of the trademarks covered class 9, class 42 and class 45.
After finding that the services covered by the trademarks were identical, A Cooper—on behalf of the IPO—turned to the similarity of the trademarks.
On the conceptual similarity of Match Group’s logo and the opposed trademark application, Cooper said: “Overall, I am of the view that both marks are dominated by the concept of matchmaking in that the services will aim to find the user a ‘match’.
“While I accept that the reference to a ‘perfect’ match in the applicant’s mark is a point of conceptual difference, I am of the view that it is very slight in that it does not take away from the concept of matchmaking, only reinforces it.
“Taking all of this into account, I am of the view that these marks are conceptually similar to a high degree.”
However, Match Group’s opposition under section 5(2) of the Trade Marks Act failed, with the IPO finding that there was no likelihood of confusion. The IPO also rejected its passing-off argument.
Match Group was more successful in its other argument, with the IPO finding that Perfect Match’s trademark was likely to take unfair advantage of the Match Group trademarks.
"In my view, the similarity of the parties’ marks, when used on identical services, are sufficient to result in an unfair advantage being taken of the opponent’s marks’ reputation,” said Cooper. “The applicant, by using the word ‘Match’ on dating services would achieve instant familiarity in the eyes of average consumers thereby securing a commercial advantage and benefitting from the opponent’s reputation without paying financial compensation.”
Perfect Match was ordered to pay £1,200 to Match Group and its trademark application was rejected.
In April, the Intellectual Property Enterprise Court in London determined that start-up Muzmatch had infringed on the trademarks of Match.com, ending a six-year legal battle.
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