Trade mark decision

BL Number

O/044/02

Decision date

31 January 2002

Hearing Officer

Mr M Reynolds

Mark

NEXAVAR

Classes

05

Applicant for Invalidity

Sanofi-Synthelabo

Registered Proprietor

Bayer Aktiengesellschaft

Invalidity

Sections 47(2) & 5(2)(b)

Result

Section 47(2) & 5(2)(b) - Revocation application failed

Points Of Interest

• None

Summary

The applicants application for revocation was based on their ownership of the mark BESAVAR which is registered in Class 5 in respect of identical and similar goods to those of the registered mark NEXAVAR.

Under Section 5(2) the Hearing Officer noted that the same and similar goods were at issue so the only matter at issue was a comparison of the respective marks BESAVAR and NEXAVAR. Whilst the two marks share the common ending AVAR the Hearing Officer decided that the prefixes BES and NEX were very different and it is well accepted that the beginnings of marks are most important in distinguishing between different marks. The Hearing Officer concluded that the respective marks were different visually and aurally and that there was no likelihood of confusion. The revocation action thus failed.

Full decision O/044/02 19Kb