EU rejects Skype trademark because of confusion with Sky

The ruling will prevent Microsoft for registering a trademark for Skype’s name and logo within the EU, but a spokeswoman for the software company said it “does not require us to alter product names in any way”.

Microsoft brought the case forward to challenge an earlier ruling by the EU’s Office for Harmonisation of Internal Markets, which upheld a 2005 complaint from Sky that Skype’s branding was too similar to Sky’s to be granted a trademark.

Judges at the General Court of the European Union said the “figurative element” of Skype’s branding “conveys no concept, except perhaps that of a cloud”.

They argue that this “would further increase the likelihood of the element ‘Sky’ being recognised within the word element ‘Skype’, for clouds are to be found ‘in the sky’ and thus may readily be associated with the word ‘sky’”.

A statement from Sky reads: “Sky notes today’s decision from the General Court of the European Union.

“This relates to a long-running dispute with Skype over the extension of its trademark applications to cover a broad range of goods and services that overlap with Sky’s own trademark registrations - including, but not limited to, TV related products and services.

“Our intention has been to protect the Sky brand with our research showing that similarities in name and logo have the potential to confuse customers.”