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YouView Ltd v G & J Holdings GmbH (IPO) (O-113-14) (11 March 2014)

Case Summary  |  Judgment  |  11 March 2014

 

Trade Mark Registry Opposition (consolidated proceedings). G & J Holdings Ltd opposed YouView Ltd’s three applications to register five trade marks consisting of or containing the words “My View” for various goods and services in Classes 9, 38 and 41. The Opponent opposed the registration of these marks under s. 5(2)(b) of the 1994 Act on the basis of its earlier International Mark for the word “VIEW” which is protected in the Community for various goods in Classes 9, 16, 35, 38, and 41 for identical or highly similar goods. It was held that there was a likelihood of confusion on the basis of the Opponent’s earlier mark and the Opposition was successful. This decision was issued on a provisional basis pending resolution of the Community Trade Mark Invalidity proceedings which the Applicant, You View Ltd, had started at OHIM in relation to the Opponent’s earlier mark, prior to UK Trade Mark Registry hearing. Iona Berkeley was Counsel for the Opponent.