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United Kingdom Intellectual Property Office Decisions |
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You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> DISCOVERY TIME (Trade Mark: Opposition) [2002] UKIntelP o23502 (10 June 2002) URL: http://www.bailii.org/uk/cases/UKIntelP/2002/o23502.html Cite as: [2002] UKIntelP o23502 |
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For the whole decision click here: o23502
Result
Section 5(2)(b) - Opposition failed
Section 5(3) - Opposition failed
Section 5(4)(a) - Opposition failed
Points Of Interest
Summary
The opponents were producers of DISCOVERY CHANNEL, a satellite TV Channel and their opposition was based on registrations and use of a number of DISCOVERY marks. Dealing with the matter first under Section 5(2)(b), the Hearing Officer noted that in respect of two of the opponents’ applications identical goods were involved. He therefore went on to compare the marks (DISCOVERY CHANNEL v DISCOVERY TIME). He found no enhanced degree of distinctive character in the opponents’ marks in respect of Class 28 goods, and therefore focussed on the inherent characteristics of the marks concerned. Having compared these and taking all the factors into consideration the Hearing Officer was not persuaded that there was a likelihood of confusion. The opposition under Section 5(2)(b) failed accordingly.
Under Section 5(3), the opposition failed also, in the light of the Hearing Officer’s finding in relation to the marks themselves. This aspect effectively decided the matter under Section 5(4)(a), also.
