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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 >> 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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For the whole decision click here: o02008
Result
Section 5(2)(b): Opposition successful. Sections 5(3) & 5(4)(a): Not considered.
Points Of Interest
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).
