Trade mark decision

BL Number
O/275/01
Decision date
26 June 2001
Hearing Officer
Mr M Reynolds
Mark
REZACTRA
Classes
05
Registered Proprietor
SB Pharmco Puerto Rico Inc
Applicants for Declaration of Invalidity
H Lundbeck A/S
Invalidation
Section 47(2)(a)

Result

Section 47(2)(a) - Application for invalidation successful

Points Of Interest

  • 1. The comparison of the marks REZACTRA v RESACT.

Summary

The applicants for invalidation contended that the mark had been registered in breach of Section 5(2)(b), having regard to their registration of the mark RESACT, covering pharmaceutical preparations acting on the central nervous system, for human use. Comparing the marks in the light of the existing authorities the Hearing Officer concluded that there was a likelihood of confusion "not in the sense that the one mark might be taken for the other, but that both might be thought to emanate from the same trade source".

Full decision O/275/01 PDF document14Kb