The company Skype registered the word and figurative marks SKYPE as community trademarks with the Office for Harmonization in the Internal Market (OHIM) for goods as audio equipment and video device, telephony and photography and IT-services according to software, the establishment of websites or website-hosting.

The company British Sky Broadcasting Group, now Sky and Sky IP International, filed a notice of opposition in 2005, 2006 due to a risk of confusion on the basis of its community trademark SKY, registered for the same goods and services.

With the decision of 05. May 2015 the European Court of First Instance (EuG) confirmed the opinion of the OHIM that a risk of confusion exists between both trademarks in question due to visual, phonetic and conceptual similarities.

Regarding the argumentation of the company Skype that the trademark SKYPE possesses an increased distinctiveness due to its level of notoriety with the public the court determines that the word “skype” represents a general and therewith a descriptive term for these services, even if it has gained its own meaning for telecommunication services provided by the company Skype.

Against this decision of the EuG an appeal can be lodged within two month. Such an appeal remains to be seen since it is certainly controversial if the relevant public is able to distinguish between different indications of origin for the actually used services of both companies.