Trade mark decision
- BL Number
- O/223/08
- Decision date
- 5 August 2008
- Hearing Officer
- Mr M Reynolds
- Mark
- SKYWORTH
- Classes
- 09
- Applicants
- Skyworth TV Holdings Limited
- Opponents
- British Sky Broadcasting Group Plc
- Opposition
- Sections 5(2)(b); 5(3) & 5(4)(a)
Result
Section 5(2)(b): Opposition successful. Section 5(3): No formal finding. Section 5(4)(a): No formal finding.
Points Of Interest
- Comparison of the marks SKY v SKYWORTH
Summary
The opposition was based on registrations and use of SKY and SKY+ in a number of classes, including class 9.
Proof of use was not required in respect of the two registrations cited by the opponents. The full scope of the specifications therefore applied.
The Hearing Officer found that there was identity between the goods specified in the application and relevant parts of the opponent’s specifications. Having compared the marks and other factors the Hearing Officer eventually concluded that there was a likelihood of confusion and the opposition under Section 5(2)(b) succeeded accordingly.
He did not deal with the other grounds in great detail but predicted that the opponent would also succeed under Section 5(4)(a).
Full decision O/223/08 
115Kb
