Trade mark decision

BL Number

O/107/02

Decision date

12 March 2002

Hearing Officer

Mr M Foley

Mark

DISCOVERY PC

Classes

09

Applicant

Granville Technology Group Limited

Opponent

Discovery Communications Inc

Opposition

Sections 5(2)(b); 5(3) & 5(4)(a)* *Other grounds under Section 3(1) were not pursued, and the Section 5(1) and 5(2)(a) grounds were summarily dismissed as the marks were not identical.

Result

Section 5(2)(b): - Opposition successful.

Section 5(3): - No formal finding.

Section 5(4)(a): - No formal finding.

Points Of Interest

• 1. Comparison of the marks DISCOVERY PC v DISCOVERY CHANNEL

Summary

The opposition was based on the opponents use and registrations of their "DISCOVERY" marks, eg THE DISCOVERY CHANNEL, DISCOVERY CHANNEL MUSIC etc. Under Section 5(2)(b) the Hearing Officer focussed on the opponents’ mark DISCOVERY CHANNEL (a CTM mark) registered in respect of identical goods, as this gave the opponents their best chance of success. The Hearing Officer considered that there existed a likelihood of confusion and the opposition under 5(2)(b) succeeded accordingly.

He made no formal finding under any of the other grounds.

Full decision O/107/02 29Kb