Trade mark decision

BL Number

O/319/00

Decision date

24 August 2000

Hearing Officer

Mr M Reynolds

Mark

IPRATROPIOVENT

Classes

25

Registered Proprietor

Dallas Burston Ashbourne Limited

Applicants

Boehringer Ingelheim KG

Invalidity

Section 47(1); mark registered in breach of Section 3(1)(b); Section 47(2)(a); mark registered in breach of Section 5(2)(b); and Section 47(2)(b); mark registered in breach of Section 5(4)(a)

Result

Application for declaration of invalidity failed on all grounds.

Points Of Interest

• See Hearing Officer's comments on survey evidence, in particular evidence compiled from questionnaires which have been mailed to the recipients.

Summary

The mark is registered in respect of pharmaceutical preparations and substances, all containing Ipratropium. The applicants have registrations in Class 5 of the marks ATROVENT, DUOVENT, OXIVENT and COMBIVENT. Having considered the mark as a whole the Hearing Officer dismissed the application under Section 47(1) (Section 3(1)(b)). The applicants' evidence did not establish a likelihood of confusion under Section 5(2)(b) nor could they succeed under Section 5(4)(a).

Full decision O/319/00 23Kb