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Dave’s not laughing now - digital channel loses round one of its trade mark battle

3 February 2011

Rebranded in 2007 from the less than catchy UKTV G2, UKTV, jointly owned by BBC Worldwide and Virgin Media, applied to register DAVE as a European registered trade mark for goods and services including broadcasting services. Brand consultancy, Dave Soho Limited opposed the application claiming earlier unregistered rights. Last week, the Opposition Division upheld most of the opposition and UKTV’s application was refused for broadcasting services, as well as a whole host of other goods and services.

Clearly this is not the end. UKTV has two months to decide whether to appeal. Indications are that it may well do so as, in an interesting twist of events, two days after the Opposition decision, UKTV filed a new application in the UK for DAVE covering goods and services for which the European opposition was successful. A more favourable decision from the UK Office would seem unlikely but nevertheless this is a interesting negotiation tactic of DAVE-jà-vu.

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