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 PDF document25Kb