Trade mark decision

BL Number
O/308/03
Decision date
15 October 2003
Hearing Officer
Mr M Reynolds
Mark
VYKTRA
Classes
05
Applicant
Pharmacia & Upjohn Company
Opponent
SmithKline Beecham Plc
Opposition
Section 5(2)(b)

Result

Section 5(2)(b): - Opposition failed.

Points Of Interest

  • None

Summary

The opponents opposition was based on their ownership of a community registration for the mark VYKAST in respect of identical and similar goods. No evidence of use of either mark was filed in the proceedings so the only matter to be decided under Section 5(2)(b) was whether the respective marks VYKTRA and VYKAST were confusingly similar.

The Hearing Officer considered that there was some visual similarity but that there was little phonetic similarity. Even allowing for imperfect recollection and the possibility of association the Hearing Officer concluded that the respective marks were not so similar that there was a likelihood of confusion as to origin. Opposition thus failed.

Full decision O/308/03 PDF document37Kb