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ARTICLE · 24 FEBRUARY 2016

Blue skies or storm ahead? SKYPE or SKY?

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A recent EU case highlights the importance of trade mark clearance searches and brand strategy from an early stage.

AustraliaIntellectual Property

By Jeremy Szwider

A recent EU case highlights the importance of trade mark clearance searches and brand strategy from an early stage. Of notable interest is the fact that this striking decision involved a battle between 2 companies with huge global brand presence.

Reaching for the Sky

In 2004 Skype applied to the Office of Harmonisation in the Internal Market's ('OHIM') for registration of the SKYPE image (below) as a Community Trade Mark ('CTM') for the broad specification of 'audiovisual goods, telephony, photography goods and computer services'.

In 2005 British satellite broadcaster, Sky, opposed the application pleading the likelihood of confusion with its word mark 'SKY' (below), registered in 2003 for similar goods and services.

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