Trade mark decision

BL Number

O/463/02

Decision date

20 November 2002

Hearing Officer

Mr G Salthouse

Mark

SALMAX

Classes

05, 10

Applicant

Yamanouchi Europe BV

Opponent

Almirall-Prodesfarma SA

Opposition

Section 5(2)(b)

Result

Section 5(2)(b) - Opposition failed

Points Of Interest

• Comparison of the marks ALMAX v SALMAX : "the letter ‘S’ is usually pronounced in a marked manner when placed at the beginning of a word".

Summary

The opponents were proprietors of a registration of the mark ALMAX in Class 5.

The Hearing Officer considered that there was some similarity in the goods "but not a very high degree of similarity". Comparing the marks, the Hearing Officer referring to the only difference between the marks, recorded his view that the letter S "is one which is usually pronounced in a marked manner when placed at the beginning of a word".

When all factors were considered, he decided, there was no likelihood of confusion.

Full decision O/463/02 20Kb