Trade mark decision

BL Number: O/161/05
Decision date: 15 June 2005
Hearing Officer: Mr M Foley
Mark: SKYSTORM
Classes: 09, 28
Applicant: Infogrames Europe
Opponent: British Sky Broadcasting Limited
Opposition: Section 5(2)(b)

Result

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

Points Of Interest

1. Comparison of the marks SKY v SKYSTORM.
2. Likelihood of confusion by reason of 'enhancement' due to reputation and use.

Summary

The opposition was based on "a portfolio of SKY marks" which, it was claimed, were registered in respect of identical/similar goods. The Hearing Officer dealt first with the questions of similarity of the marks. These he did not find to be very similar. But having taken account of the similarity of the goods and the reputation, and hence enhancement, of the opponent's marks, the Hearing Officer concluded that a 'global' approach indicated that there was a likelihood of confusion in respect of all of the Class 28 goods and some of the Class 9 goods. The opposition under Section 5(2)(b) was therefore, for the most part, successful.

Full decision O/161/05 36Kb