Trade mark decision

BL Number

O/476/00

Decision date

20 December 2000

Hearing Officer

Mr M Knight

Mark

PEPTAC

Classes

05

Applicant

Norton Healthcare Limited

Opponent

Merck & Co Inc

Opposition

Sections 5(2)(b)

Result

Section 5(2)(b) - Opposition successful

Points Of Interest

• None

Summary

The opponents opposition was based on their marks PEPCID AC, which they had used, and PEPCIDAC which was a prior registration and therefore a prior right. The Hearing Officer proceeded on the basis that the opponents best case rested on their mark PEPCIDAC and, having established that identical goods were at issue within Class 5, compared the respective marks PEPTAC and PEPIDAC. The Hearing Officer noted the visual similarities of the identical prefix PEP and identical suffix AC. He also considered them to be aurally similar. In conclusion, and bearing in mind imperfect recollection, he considered there was a likelihood of confusion between the two marks.

Full decision O/476/00 23Kb