The Office for Harmonisation in the Internal Market, the EU body that regulates trademarks, has published UKTV's notice of appeal. The broadcaster has until 24 May to file its statement of grounds of appeal.
UKTV applied to trademark the word Dave in October 2007, but this was rejected in January, after a two-year investigation by the European Union, which found in favour of Dave, the branding consultancy that was founded four years earlier.
The decision is appealed in its entirety and UKTV's appeal, under the legal name of UK Gold Services Limited, was completed by Nellie Jackson, an associate at the law firm Bristows. The fee for the appeal is €800.
A spokeswoman for UKTV declined to comment on the details of the appeal, but said: "We are appealing and are confident of a favourable outcome. They are a brand consultancy and we are an award-winning broadcaster."
The success of the Dave channel, so-called because, "Everyone knows a man called Dave", prompted UKTV to announce plans to rebrand its entire portfolio in June 2008, and the channel is set to launch a brand extension, in the form of comedy nights.
The Office for Harmonisation in the Internal Market rejected UKTV's application to register the Dave trademark in the majority of categories because of the branding consultancy’s earlier use of the name.
Despite being rejected in relevant categories, including advertising, broadcasting and the production and distribution of TV, the TV channel was granted permission to use the name on decorative magnets and stationery.
Should Dave’s appeal be rejected, the branding consultancy Dave will be allowed to apply to trademark the name and if granted, could force Dave the channel to change its name, or pay compensation.