Sky fly high after trade mark win
Sky (‘the British telecom company’) has won its trade mark case against KID-Systeme (a company that specialises in the design of air-craft electronics) in the EU General Court (‘General Court’).
In 2013, KID-Systeme had applied to register the mark ‘SKYFi’ in classes 9 (scientific, audio, visual, telecommunication and computer equipment) and 37 (building, construction, repair and installation).
The Board of Appeal for the European Intellectual Property Office found there to be a likelihood of confusion between the applied-for-mark and two of Sky’s earlier marks (for the mark ‘SKY’).
KID-Systeme argued that Sky had failed to submit proof of the use of its earlier marks. However, the General court agreed with the Board of Appeal, that the request for proof was not necessary, as both marks had been registered for more than five years.
In addition, KID-Systeme argued that the Board of Appeal failed to assess the likelihood of confusion between the applied-for-mark and Sky’s earlier mark globally. This was rejected by the General Court, as it felt that the Board of Appeal considered all relevant factors, the level of attention of the relevant public and the distinct character of the earlier marks.
Furthermore, the General Court agreed that the dominant part of the applied-for-mark would have been the word ‘SKY’, which would give the public the same overall impression as Sky’s earlier mark.
By Fatima Amedu