Similar to a low degree
EUIPO begins by saying that the trademarks only have a very minimal visual and phonetic similarity. Another factor is that the services offered by BDO and BPO – accountancy services – are of a ‘specialised’ nature. Consumers of these services will have a high level of attention, making it easy to spot the differences, according to EUIPO.
Risk of confusion
Hmm. BDO and BPO almost no similarity? Yes, of course, there is a logo with BPO and – very small – the word ‘accounting’. But in this trademark the letters BPO are very prominently displayed. The difference between a D and a P, in my opinion, is minimal – especially in sound. Risk of confusion seems likely, especially when you pronounce the trademarks: BEE-DEE-OH and DEE-PEE-OH.
Acquired distinctiveness
It’s unfortunate that BDO could not demonstrate that their trademark BDO has acquired distinctiveness, meaning it has become highly distinctive through prolonged use. That would have significantly strengthened their position against BPO, I think. And in my opinion this trademark must have acquired distinctiveness: BDO is, after all, the fifth-largest accounting firm globally, has existed for 50 years, operates in 144 countries, and has 80,000 employees. But for some reason, EUIPO did not accept this. Maybe it’s something that can be worked on in an appeal.
Bas Kist
Banner image: ADVEN Creative, CC BY-SA 4.0, via Wikimedia Commons
