The opposition was based on the opponents use and registrations of their ‘DISCOVERY’ marks, eg THE DISCOVERY CHANNEL, DISCOVERY CHANNEL MUSIC etc. Under Section 5(2)(b) the Hearing Officer focussed on the opponents’ mark DISCOVERY CHANNEL (a CTM mark) registered in respect of identical goods, as this gave the opponents their best chance of success. The Hearing Officer considered that there existed a likelihood of confusion and the opposition under 5(2)(b) succeeded accordingly.
He made no formal finding under any of the other grounds.
Judges:
Mr M Foley
Citations:
2150205, [2002] UKIntelP o10702
Links:
Jurisdiction:
England and Wales
Intellectual Property
Updated: 15 October 2022; Ref: scu.455021