Trade mark decision
- BL Number
- O/115/03
- Decision date
- 23 April 2003
- Hearing Officer
- Dr W J Trott
- Mark
- EPISTAT
- Classes
- 05
- Applicants
- Special Products Limited
- Opponents
- American Home Products Limited
- Opposition
- Section 5(2)(b)
Result
Section 5(2)(b) - Opposition successful
Points Of Interest
- 1. Comparison of the marks EPTISET v EPISTAT
- 2. Use of marks on 'prescription only' drugs.
Summary
The opposition was based on the opponents’ registration of their mark EPTISET, in Class 5.
The Hearing Officer found the respective goods to be identical and the marks similar. The opponents’ mark had 'a significant inherent capacity to distinguish', although they had not shown that their mark was distinctive in the marketplace.
In the result the Hearing Officer found a likelihood of confusion, even taking account of the fact that in present circumstances the applicants’ product would be unlikely to be purchased by patients directly.
Full decision O/115/03 
41Kb
