The name's "Dave"... or is it?

After a 2 year investigation, UKTV’s application to register the trade mark “Dave” has been rejected by the EU’s Office of Harmonization for the Internal Market (“OHIM”). The TV channel applied to register the name of the successful channel after its launch in 2007.

Following opposition from a brand consultancy, also called “Dave”, which was founded 4 years earlier, OHIM rejected the application in most categories including advertising, production and distribution of television programmes and interactive entertainment. However, OHIM did rule in favour of UKTV with regard to the use of the name “Dave” on decorative magnets and stationery.

The EU will now consider the application made by the brand consultancy to register the trade mark, while UKTV has 2 months from 31 January to appeal the decision. If the brand consultancy is granted the trade mark, UKTV may be forced to change the channel’s name or pay the brand consultancy compensation.

Dan Bobby, chief executive of brand consultancy “Dave” said “As a specialist brand consultancy, we understand the important nature of trademarks and we will protect our own brand vigorously as we would protect our clients… It’s what we do for brands. Why would they use us to create a brand if we're not prepared to protect our own?”

This case highlights the importance of registering trade marks and protecting brands.

Written by Shelley Marshall a Solicitor in the Commerce and Technology Team. If you would like to know more about trade marks, please contact the Commerce and Technology group.