Trade mark decision

BL Number
O/293/02
Decision date
5 July 2002
Appointed Person
Professor Ruth Annand
Mark
MIRAGAN
Classes
05
Applicants
Allergan Inc.
Opponents
Glaxo Group Limited.
Opposition
Section 5(2)(b)

Result

Section 5(2)(b) - Appeal failed.

Points Of Interest

  • 1. ‘See also Hearing Officer’s decision dated 25 September 2001 (BL O/414/01).

Summary

This was an appeal from the Hearing Officer’s decision dated 25 September 2001 (BL O/414/01) in which he held that the respective marks MIRAGAN and IMIGRAN were not confusingly similar.

As a preliminary matter the Appointed Person considered a request by the opponents to submit further evidence for consideration. Having considered the matter the Appointed Person refused the application on the grounds that the information was available to the opponents before the original hearing; no good reasons were given as to why the information had not been submitted earlier and, in any event, the Appointed Person was of the view that the additional evidence did not assist the opponents’ case.

With regard to the Hearing Officer’s decision the Appointed Person was of the view that he had considered all the relevant facts in deciding the opposition proceedings under Section 5(2)(b) and there were no good reasons to interfere with his decision. Appeal failed.

Full decision O/293/02 PDF document26Kb