Trade mark decision
- BL Number
- O/199/02
- Decision date
- 10 May 2002
- Hearing Officer
- Mr M Reynolds
- Mark
- CILENSA
- Classes
- 05
- Applicant
- Bayer Aktiengesellschaft
- Opponent
- Glaxo Group Ltd
- Opposition
- Sections 5(2)(b) & 5(4)(a)
Result
Section 5(2)(b) - Opposition failed.
Section 5(4)(a) - Opposition failed.
Points Of Interest
- 1. Pharmaceutical marks: test of likelihood of confusion no different than for other marks.
Summary
The opposition was based on the opponents' ownership and use of their mark RELENZA. After reviewing the matter the Hearing Officer found that the mark had a "highly distinctive character;" the goods were similar. After comparing the marks, however, he came to the conclusion that there was not a likelihood of confusion, even taking into account the nature of the goods (pharmaceuticals). The opponents were in no stronger position in relation to Section 5(4)(a) and that ground failed also.
Full decision O/199/02 
28Kb
