Trade mark decision

BL Number
O/135/03
Decision date
15 May 2003
Hearing Officer
Mr J MacGillivray
Mark
PULMOJET
Classes
05
Applicant
Medsym Arzteservice Informations – Und Veranstaltungsdienst GmbH
Opponent
Asta Medica Aktiengesellschaft
Opposition
Sections 3(6) & 5(2)(a)

Result

Section 3(6) - No formal finding.

Section 5(2)(a) - Opposition successful.

Points Of Interest

  • 1. Identicality of marks : unstylised mark in upper case identical with unstylised mark in upper and lower case.

Summary

The opposition to this international registration was based on an identical mark PULMOJET, registered in Class 10. The Hearing Officer decided, first, that despite the fact that the mark applied for was in upper and lower case type, whereas the opponents’ mark was all upper case, he would treat them as identical marks for the purposes of Section 5.

The issue therefore came down to a comparison of the respective goods. The application was in respect of "medicines for inhalation purposes" whereas the opponents’ mark was registered in Class 10 in respect of "surgical, medical and dental apparatus and instruments".

The Hearing Officer found a degree of similarity in the goods and this together with the identicality of the marks and the likely perceptions of the customer, persuaded him that there existed a likelihood of confusion. The opposition under Section 5 succeeded accordingly. The Hearing Officer made no formal finding under Section 3(6).

Full decision O/135/03 PDF document43Kb