The company's trademark was found to be "confusingly similar" to Gloucestershire-based telecommunications company Total Ltd's "Your View" trademark.
YouView, which launched in July and is co-funded by the BBC, TalkTalk, BT, Channel 4 and other broadcasters including Five and ITV, is an internet-enabled service touted as the future of television and has been under development since 2010. It may now face an infringement action in the High Court, which could include an injunction limiting YouView's use of the brand.
The result is likely to prove a headache for Lord Sugar's company, which launched its £299 subscription-free digital TV service at the end of July. It is also being given away by TalkTalk and BT with broadband subscriptions. talkTalk recently announced that it had been taken up by 29,000 customers.
The Freeview TV platform provides a set-top box that aims to take on pay-TV competitors such as BSkyB and Virgin Media, offering access to services on a pay-per-view basis rather than with a costly subscription.
Total initially opposed YouView’s application in the Trade Marks Registry and the opposition proceedings were decided on 30 May 2012.
YouView continued with its launch regardless, but the hearing officer found that YouView’s trade mark was ‘confusingly similar’ to Total’s earlier trade mark in a range of goods and services.
YouView appealed to the High Court, but on Friday Mr Justice Floyd dismissed the appeal.
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