Iona Berkeley represented the Trade Mark Applicant, F5 Networks Inc, in this UK IPO Trade Mark Registry Opposition hearing. The trade mark application was for “F5 Overwatch” for “Software as a service (SaaS) providing computer network operators with the ability to monitor and inventory network applications”. This Application was opposed by the owner of the word EU trade mark “Overwatch” for various goods and services including “Computer game software” and “providing computer games that may be accessed via a global computer network” under Section 5(2)(b) of the Trade Marks Act. The case considered the comparison of the goods and services in issue and the global assessment test under Section 5(2)(b). The Hearing Officer determined that the Opposition failed and the Trade Mark Application should proceed to registration.
See here for Judgment F5 Networks v Blizzard Entertainment