Trade mark decision

BL Number
O/088/04
Decision date
6 February 2004
Hearing officer
Professor Ruth Annand
Mark
EVARISE
Classes
05
Applicant
Pfizer Products Inc
Opponent
F Hoffman - La Roche A.G.
Appeal to the Appointed Person against the decision of the Registrar's Hearing Officer in Opposition Proceedings

Result

Appeal dismissed

Points Of Interest

Summary

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 PDF document23Kb