Trade mark decision

BL Number
Decision date
14 May 2007
Hearing Officer
Mr G Salthouse
Nitto Denko Corporation
Takeda Pharmaceutical Co Ltd
Sections 5(2)(b) & 5(4)(a)


Section 5(2)(b): Opposition partially successful. Section 5(4)(a): Opposition partially successful.

Points Of Interest

  • None


The applicant’s application is in respect of “Ischemic heart disease treatment medicines; bronchodilators; local anaesthetics”.

The opponent owns the registered mark AMIAS in Class 5 in respect of “Anti-hypertensive preparations and substances”. The opponent also filed details of significant use and promotion of its mark and the Hearing Officer accepted that the opponent had an enhanced reputation in its mark.

Under Section 5(2)(b) the Hearing Officer compared the respective goods. He decided that the opponent’s goods were very similar to the applicant’s heart medicines but a very low degree of similarity to the bronchodilators and local anaesthetics. As regards the respective marks, the Hearing Officer thought them highly similar because of the common prefixes AMI. Taking an overall view of the conflict the Hearing Officer found the opponent successful in respect of the applicant’s heart medicines but that it failed in respect of the other goods.

Under Section 5(4)(a) the Hearing Officer arrived at a similar result.

Full decision O/126/07 PDF document40Kb