Trade mark decision

BL Number

O/088/04

Decision date

6 February 2004

Appointed Person

Professor Ruth Annand

Mark

EVARISE

Classes

05

Applicant

Pfizer Products Inc

Opponent

F Hoffman - La Roche A.G.

Appeal to the Appointed Person against the decision of the Registrar's Hearing Officer in Opposition Proceedings

Result

Appeal dismissed

Points Of Interest

• See BL O/103/03

Summary

At first instance (see BL O/103/03) the Hearing Officer had upheld the opposition under Section 5(2)(b) based on the opponents’ mark EVONISE.

The applicants appealed to the Appointed Person claiming that the Hearing Officer had assessed the similarity of the marks out of context and had not taken account of all the circumstances of the case. The Appointed Person, however, found that the Hearing Officer’s decision showed that he had indeed expressly considered these factors.

The Hearing Officer was also alleged to have made two factual errors; (i) as a matter of first impression EVARISE and EVONISE were not similar, and ii) the purchase of pharmaceuticals involves a high degree of consumer attention, thus averting any likelihood of confusion.

The Appointed Person, however, found that the Hearing Officer had not erred in the alleged manner.

The appeal was dismissed. The Appointed Person made no order as to costs.

Full decision O/088/04 23Kb