Trade mark decision

BL Number
O/048/01
Decision date
31 January 2001
Appointed Person
Mr S Thorley QC
Mark
DUONEBS
Classes
05
Applicants/Respondents
Dallas Burston Healthcare Limited
Opponents/Appellants
Boehringer Ingelheim KG
Opposition
Appeal to Appointed Person Sections 5(2)(b) & (5(4)(a)

Result

Appeal failed.

Points Of Interest

  • None

Summary

The opponents, unsuccessful before the Hearing Officer in respect of their marks COMBINEB, ATRO-NEB and DUOVENT, confined their appeal to opposition based on DUOVENT alone. In comparing the marks DUONEBS and DUOVENT the Appointed Person upheld the Hearing Officer’s decision, though he differed somewhat from his reasoning in respect of Section 5(2).

Full decision O/048/01 PDF document31Kb