Trade mark decision

BL Number
Decision date
6 March 2002
Hearing Officer
Mr R A Jones
16, 35
Lundbeck Limited
G D Searle & Co
Section 5(2)(b)


Section 5(2)(b) - Opposition failed

Points Of Interest

  • None


The opponents opposition was based on their ownership of a registration for the mark SOLEXA in Class 5 in respect of "Pharmaceuticals in the nature of anti-inflammatory analgesics". They claimed that conflict arises with the applicants application because in Class 16 the goods - a range of printed matter - are restricted to "all relating to the advertising, promotion etc of pharmaceutical products.

Under Section 5(2)(b) the Hearing Officer applied the usual tests in considering whether or not the goods and services applied for in Classes 16 and 35 were similar to the opponents goods in Class 5. In the event the Hearing Officer decided that the respective goods and services applied for were not similar to the opponents goods since the uses, nature and channels of trade were different. This finding effectively decided the opposition even though the Hearing Officer noted that the respective marks CELEXA and SOLEXA were aurally similar. His overall finding was that there was unlikely to be any confusion between the respective marks because of the difference between the respective goods and between the respective goods and services.

Full decision O/098/02 PDF document24Kb