Trade mark decision

BL Number
O/010/01
Decision date
8 January 2001
Hearing Officer
Mr C Bowen
Mark
CASPAC
Classes
05
Applicant
G D Searle & Co
Opponent
Knoll Aktiengesellschaft
Opposition
Section 5(2)(b)

Result

Section 5(2)(b) - Opposition unsuccessful.

Points Of Interest

  • 1. None

Summary

The opponents opposition was based on their ownership of the registered mark KAZAK. Neither side filed evidence in the proceedings. The applicants goods were "Pharmaceuticals for use in the prevention and treatment of cardiovascular conditions and strokes" and it was common ground that identical goods were at issue. Decision, therefore, rested on a comparison of the marks CASPAC and KAZAK.

Accepted that marks not visually similar. The opponents argued that there was phonetic similarity in that CAS and KAZ are similar prefixes and AC and AK are similar suffixes. The applicants disputed this view and the Hearing Officer decided that overall the marks were not so similar that confusion of the public was likely. He also noted that the respective goods are likely to be available only on prescription and that the people who handle such goods eg doctors, nurses and pharmacists, are likely to be well informed and circumspect when handling goods of this nature.

Full decision O/010/01 PDF document19Kb