Trade mark decision

BL Number: O/314/06
Decision date: 6 November 2006
Hearing Officer: Mr G Salthouse
Mark: ZENRA
Classes: 05
Applicant: Zentiva AS
Opponent: Pfizer Products Inc
Opposition: Section 5(2)(b)

Result

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

Points Of Interest

The Hearing Officer did not accept that the letters “Z” and “C” are phonetically similar.

Summary

The opponent is the owner of two registered marks for the word CENRAL in Class 5. One is a CTM registered in respect of identical and similar goods and forms the opponent’s strongest case. Neither side failed evidence.

Under Section 5(2)(b) the Hearing Officer noted that identical goods were at issue and went on to compare the respective marks ZENRA and CENRAL and concluded that while they had some similarities these were outweighed by the differences. Overall the Hearing Officer concluded that the marks are not confusingly similar and that the opposition failed.

Full decision O/314/06 29Kb