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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> SKY CAPITAL (Trade Mark: Opposition) [2008] UKIntelP o02008 (25 January 2008)
URL: http://www.bailii.org/uk/cases/UKIntelP/2008/o02008.html
Cite as: [2008] UKIntelP o2008, [2008] UKIntelP o02008
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SKY CAPITAL (Trade Mark: Opposition) [2008] UKIntelP o02008 (25 January 2008)
For the whole decision click here: o02008
Trade mark decision
- BL Number
- O/020/08
- Decision date
- 25 January 2008
- Hearing officer
- Mr D Landau
- Mark
- SKY CAPITAL
- Classes
- 09, 35, 36
- Applicant
- Sky Capital Holdings Limited
- Opponent
- Sky Broadcasting Group PLC
- Opposition
- Sections 5(2)(b), 5(3) & 5(4)(a)
Result
Section 5(2)(b): Opposition successful. Sections 5(3) & 5(4)(a): Not considered.
Points Of Interest
- The applicant filed state of the register evidence but the Hearing Officer considered that this did not assist the applicant.
Summary
The opponent in this case owns the mark SKY and device in a range of classes including 9, 35, 36 and 41 and the Hearing officer had no difficulty in concluding that identical and similar goods and services were at issue in these proceedings.
In comparing the respective marks under Section 5(2)(b) the Hearing Officer noted that the opponent’s mark was essentially a SKY mark as the word element overwhelmed the device element. Also that the word CAPITAL was very descriptive and non-distinctive in relation to financial services. Overall, the Hearing Officer concluded that the respective marks were very similar and that the opponent was successful under Section 5(2)(b).
In view of his decision under Section 5(2)(b) the Hearing Officer saw no need to consider the grounds under Sections 5(3) and 5(4)(a).