Trade mark decision

BL Number

O/308/99

Decision date

3 September 1999

Hearing Officer

Dr W J Trott

Mark

DUONEBS

Classes

05

Applicant

Dallas Burston Healthcare Limited

Opponent

Boehringer Ingelheim KG

Opposition

Sections 5(2)(b) & (5(4)(a)

Result

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

Section 5(4)(a): - Opposition failed.

Points Of Interest

• 1. This decision was appealed to the Appointed Person whose decision is set out in BL O/048/00

Summary

The opponent’s based their case on their marks COMBINEB, ATRO-NEB and DUOVENT. The Hearing Officer however found no likelihood of confusion, and noted that "DUO" and "NEBS" are common elements in the names of pharmaceutical products. The opposition failed on both grounds.

Full decision O/308/99 22Kb