Trade mark decision

BL Number: O/173/99
Decision date: 24 June 1999
Hearing Officer: Mr S J Probert
Mark: GLYCOMED
Classes: 05
Applicant: Glycomed Inc
Opponent: Nycomed Imaging AS
Opposition: Trade Marks Act 1938, Sections 9(3)(b); 10(2)(b); 11; 12 & 17(2)

Result

Section 9 - Opposition dismissed

Section 10 - Opposition dismissed

Section 11 - Opposition failed

Section 12 - Opposition failed

Section 17(2) - Opposition failed

Points Of Interest

1. Comparison of the marks NYCOMED v GLYCOMED
2. Discretion in Class 5 products.

Summary

The opposition was principally founded in the opponents' use and registrations of their own mark NYCOMED, registered inter alia in Class 5.

No evidence having been adduced in support of the attack under Section 9 & 10, the Hearing Officer formally dismissed those grounds.

Turning to consideration of the ground under Section 12, the Hearing Officer found that identical goods were involved and he therefore went on to compare the marks. Here he found no likelihood of confusion and, given the manner of use shown by the opponents, this effectively decided the matter under Section 11 also.

Even taking into account the Registrar's long established "strict" approach to marks in Class 5, the Hearing Officer could find no basis for an exercise of discretion adverse to the applicants.

Full decision O/173/99 50Kb