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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> DISCOVERY PC (Trade Mark: Opposition) [2002] UKIntelP o10702 (12 March 2002)
URL: http://www.bailii.org/uk/cases/UKIntelP/2002/o10702.html
Cite as: [2002] UKIntelP o10702

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DISCOVERY PC (Trade Mark: Opposition) [2002] UKIntelP o10702 (12 March 2002)

For the whole decision click here: o10702

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

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.


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URL: http://www.bailii.org/uk/cases/UKIntelP/2002/o10702.html