Trade mark decision

BL Number
O/155/03
Decision date
11 June 2003
Hearing Officer
Mr D Landau
Mark
LEUKOVEK
Classes
05, 10, 42
Applicant
Biovex Ltd
Opponent
Schering-Plough Ltd
Opposition
Section 5(2)(b)

Result

Section 5(2)(b) - Opposition to inclusion of Class 5 specification successful.

Points Of Interest

  • 1. Comparison of the marks LEUCOMAX v LEUKOVEX.

Summary

The opposition, based on the opponents’ registration of LEUCOMAX, was directed solely at the Class 5 specification.

The Hearing Officer found the respective goods identical and went on to compare the marks.

Overall, he decided, the marks enjoyed a good deal of similarity and, in the result, he found all the factors pointed to the conclusion that there was a likelihood of confusion. The specification of Class 5 goods had to be removed in its entirety.

Full decision O/155/03 PDF document28Kb