Trade mark decision

BL Number
O/074/02
Decision date
15 February 2002
Hearing Officer
Mr M Knight
Mark
SKY DIGIBOX
Classes
09
Applicant
British Sky Broadcasting Limited
Opponent
Intertrust Technologies Cooperation
Opposition
Section 5(2)(b)

Result

Section 5(2)(b) - Opposition successful

Points Of Interest

  • 1. Comparison of goods. A very detailed comparison of specialised electronic goods in Class 9.

Summary

The applicant applied for a specification reading "Television receivers including a decoder, set top boxes, all for use in decoding and reception of satellite terrestrial and cable broadcasts." The opponents owned a registration for the mark DIGIBOX in respect of "Computer hardware and computer software."

The Hearing Officer reviewed the evidence filed and considered the submissions made at the hearing in some detail and determined as follows:-

Television receivers including decoders are identical goods to computer hardware.

Set top boxes are similar goods to computer hardware.

Set top boxes are not similar goods to computer software.

Set top boxes are not similar goods to computers.

In comparing the respective marks the Hearing Officer noted that identical and similar goods were at issue and that the whole of the opponents mark was subsumed within the applicants mark. He had little difficulty in arriving at a conclusion that the respective marks SKY and device digibox and DIGIBOX were confusingly similar and that the opponent succeeded in its opposition.

Full decision O/074/02 PDF document51Kb