Trade mark decision

BL Number
O/231/06
Decision date
14 August 2006
Hearing Officer
Mr D Landau
Mark
NUTRAZYME
Classes
03, 05
Applicant
Rajendra Patel
Opponent
Merck KGAA
Opposition
Sections 5(2)(b) & 5(4)(a)

Result

Section 5(2)(b): Opposition successful in part. Section 5(4)(a): Opposition successful in part.

Points Of Interest

  • None.

Summary

The opposition was based on registration and use of the opponents’ mark NUTRIZYM, registered in respect of ‘pharmaceutical preparations and substances, all containing enzymes. Evidence of use, however, related to a very limited range of goods. The Hearing Officer lost no time in finding that the respective trade marks were ‘similar to a high degree’. His finding of similarity in the goods, however, related to a very limited range of goods in the specification. In consequence, he found a likelihood of confusion under Section 5(2)(b) in respect of those goods only.

His finding under Section 5(4)(a) was the same. As the applicant had achieved the greater measure of success an award of costs was made in this favour.

Full decision O/231/06 PDF document120Kb