Trade mark decision
- BL Number
- O/372/99
- Decision date
- 21 October 1999
- Hearing Officer
- Mr G Salthouse
- Mark
- DIGITAL EDGE
- Classes
- 09
- Applicant
- Zye Technology Limited
- Opponent
- The Edge Interactive Media Inc & The Edge Interactive Media Limited
- Opposition
- Sections: 5(2)(b); 5(3) & 5(4)(a)*(*various other grounds were pleaded but were summarily dismissed by the Hearing Officer).
Result
Section 5(2)(b) - Opposition partially successful
Section 5(3) - Opposition failed
Section 5(4)(a) - Opposition failed
Points Of Interest
- 1. Comparison of the marks EDGE v DIGITAL EDGE.
- 2. Comparison of the goods: joysticks similar to computer games.
- 3. Costs: no award, in view of extensive but unsupported pleadings.
Summary
The opposition was based on the opponent's marks EDGE registered in Classes 9 and 16 and THE EDGE, registered in Classes 9 and 28; and on their claim of use of the marks DIGITAL EDGE and CUTTING EDGE.
Under Section 5(2)(b) the Hearing Officer found that the marks were similar and that there existed a likelihood of confusion in respect of the "joysticks" specified in the application. The opposition succeeded, therefore, in respect of that item, but failed in respect of the other goods specified.
Under Section 5(3) the Hearing Officer found that the opponents had not established their claim to a reputation in respect of dissimilar goods, and the opposition under that head failed accordingly.
The evidence relating to goodwill or reputation in the marks DIGITAL EDGE and CUTTING EDGE was not strong enough to allow a successful opposition under Section 5(4)(a).
The application was allowed to proceed subject to the deletion of "joysticks" from the specification.
In view of the range of the opponents' original pleadings and their failure to attend the hearing the Hearing Officer made no award of costs in respect of their partial success.
Full decision O/372/99 
42Kb
