Trade mark decision
- BL Number
- Decision date
- 6 February 2004
- Hearing officer
- Professor Ruth Annand
- Pfizer Products Inc
- F Hoffman - La Roche A.G.
- Appeal to the Appointed Person against the decision of the Registrar's Hearing Officer in Opposition Proceedings
Points Of Interest
- See BL O/103/03
At first instance (see BL O/103/03) the Hearing Officer had upheld the opposition under Section 5(2)(b) based on the opponents’ mark EVONISE.
The applicants appealed to the Appointed Person claiming that the Hearing Officer had assessed the similarity of the marks out of context and had not taken account of all the circumstances of the case. The Appointed Person, however, found that the Hearing Officer’s decision showed that he had indeed expressly considered these factors.
The Hearing Officer was also alleged to have made two factual errors; (i) as a matter of first impression EVARISE and EVONISE were not similar, and ii) the purchase of pharmaceuticals involves a high degree of consumer attention, thus averting any likelihood of confusion.
The Appointed Person, however, found that the Hearing Officer had not erred in the alleged manner.
The appeal was dismissed. The Appointed Person made no order as to costs.
Full decision O/088/04 23Kb