BAILII is celebrating 24 years of free online access to the law! Would you consider making a contribution?
No donation is too small. If every visitor before 31 December gives just £1, it will have a significant impact on BAILII's ability to continue providing free access to the law.
Thank you very much for your support!
 |
[Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback] | |
United Kingdom Intellectual Property Office Decisions |
||
|
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> SKY DIGIBOX (Trade Mark: Opposition) [2002] UKIntelP o07402 (15 February 2002) URL: http://www.bailii.org/uk/cases/UKIntelP/2002/o07402.html Cite as: [2002] UKIntelP o07402, [2002] UKIntelP o7402 |
||
[New search] [Printable PDF version] [Help]
For the whole decision click here: o07402
Result
Section 5(2)(b) - Opposition successful
Points Of Interest
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.
