Trade mark decision

BL Number: O/049/04
Decision date: 24 February 2004
Hearing Officer: Mr M Reynolds
Mark: BI-AGRA
Classes: 01
Applicant: Glenside Organics Limited
Opponent: Pfizer Inc
Opposition: Section 5(2)(b)

Result

Section 5(2)(b) - Opposition successful

Points Of Interest

1. Comparison of the marks, VIAGRA v BI-AGRA

Summary

The opposition was based on a UK registration of VIAGRA in Class 1 and a Community Trade Mark registration of the same mark for a much broader specification, also in Class 1. Referring to this broader specification the Hearing Officer found identical or closely similar goods to be at issue. He therefore proceeded to a comparison of the marks. The opponents’ marks had a high degree of distinctiveness he found. The marks had some overall visual similarity, but "not to a particularly high degree". Aurally, however, they were similar; the position on conceptual similarity was "broadly neutral".

Assessing the matter globally, and noting his own limited information on the relevant trade (agricultural fertilizers, chemicals etc), the Hearing Officer found a likelihood of confusion and the opposition succeeded accordingly.

After hearing the opposing submissions regarding costs, the Hearing Officer eventually awarded costs to the opponents in accordance with the published scale.

Full decision O/049/04 26Kb