Trade mark decision

BL Number
Decision date
9 September 2003
Hearing Officer
Mr M Reynolds
05, 30
Registered Proprietor
Applicants for a Declaration of Invalidity
Stada Arzneimittel AG
Application for Invalidation
Section 47(2)(a) (Section 5(2)(b))


Application for a declaration of invalidity, Section 47(2)(a), failed.

Points Of Interest

  • 1. Comparison of the marks : @@XL pharma (& device) v AAXEL.


The applicants were proprietors of the Community Trade Mark '@@XL pharma', registered in Classes 3, 5, & 42. The Hearing Officer found that the goods were similar. Both marks had a distinctive character. Having compared the marks, however, and having reviewed the submissions and relevant cases, the Hearing Officer was not persuaded that the proprietor’s mark captured the distinctive character of the applicants' mark to the point where there was a likelihood of confusion. The application for invalidation failed.

Full decision O/273/03 PDF document42Kb