Trade mark decision

BL Number

O/140/03

Decision date

12 May 2003

Appointed Person

Mr Geoffrey Hobbs KC

Mark

XAROCID

Classes

05

Applicants/Respondents

Bayer AG

Opponents/Appellants

Merrell Pharmaceuticals Inc

Appeal to the Appointed Person against the decisions of the Registrar’s Hearing Officer in opposition proceedings.

Result

Appeal failed.

Points Of Interest

• 1. Invented words: "The fact that the marks are invented words does have a bearing on the question whether they are sufficiently different to be readily distinguishable in ordinary use in the marketplace."

Summary

At first instance (see BL O/477/02) the Hearing Officer had found that registration of the mark XAROCID in the face of the earlier mark TARGOCID was not contrary to the provisions of Sections 5(2)(b) or 5(4)(a).

Having reviewed the matter the Appointed Person, not without hesitation, upheld the Hearing Officer’s decision. The phonetic similarity between the invented words was such that he regarded the opposition as "a near miss".

Nevertheless, the appeal failed.

Full decision O/140/03 21Kb