Trade mark decision

BL Number

O/047/00

Decision date

16 February 2000

Hearing Officer

Dr W J Trott

Mark

RENERVEX

Classes

05

Applicants

Amgen Inc

Opponents

Bristol-Myers Squibb Company

Opposition

Sections 5(2)(b) & 5(4)(a)

Result

Section 5(2)(b) - Opposition failed

Section 5(4)(a) - Opposition failed

Points Of Interest

• 1. "The law requires ‘a likelihood of confusion’. A mere possibility of confusion (in exceptional circumstance) is not enough."

Summary

The opposition was based on the opponents’ earlier mark PRESERVEX, in Class 5. The Hearing Officer concluded that the marks were not sufficiently similar as to give rise to a likelihood of confusion. The possibility that the marks might be poorly reproduced, in use, could not form part of the Hearing Officer’s considerations, he found. The evidence of use did not support the case under passing off.

Full decision O/047/00 25Kb