Trade mark decision

BL Number
O/069/01
Decision date
12 February 2001
Hearing Officer
Mr M Reynolds
Mark
EUMOGEL
Classes
05
Applicant
Stevenden Healthcare limited
Opponent
Glaxo Group Limited
Opposition
Sections 5(2)(b), 5(4)(a) & 5(4)(b)

Result

Section 5(2)(b) - Opposition successful

Section 5(4)(a) - No formal finding

Section 5(4)(b) - Opposition dismissed

Points Of Interest

  • 1. Comparison of marks

Summary

The opponents based their case on the use and registration of their mark EUMOVATE. The Hearing Officer found the marks gave rise to a likelihood of confusion. The opposition under Section 5(2)(b) succeeded accordingly. The Section 5(4)(b) objection was not explained or substantiated and was dismissed. The Hearing Officer made no formal finding under Section 5(4)(a) beyond remarking that the case under that head would be likely to produce a similar result to that under Section 5(2)(b).

Full decision O/069/01 PDF document21Kb