Trade mark decision

BL Number
O/532/01
Decision date
28 November 2001
Hearing Officer
Mr A James
Mark
NOVOPHARM
Classes
05
Applicant
Novapharm Limited
Opponent
Novo Nordisk A/S
Opposition
Section 5(2)(b)

Result

Section 5(2)(b) - Opposition failed

Points Of Interest

  • None

Summary

The opponents opposition was based on their ownership of a number of registrations in Class 5 of the following marks:-

NOVO NORDISK

NOVOJECT

NOVOLIN

NOVOCARE

NOVOSTASE

NOVOLET

NOVO NORDISK GlucaGen

NOVOSEVEN

NOVO NORDISK (device)

NOVONORM (NORM disclaimed

The opponents claimed the benefit of a family of NOVO marks and filed details of extensive use and promotion. However, they failed to identify the NOVO marks in use nor were they very precise about the period of use of particular marks. In at least some instances use was after the relevant date. In such circumstances the Hearing Officer determined that the opponents could not rely on their claim to a family of marks and the applicants mark must be compared on an individual basis to each of the opponents marks.

The Hearing Officer noted that in the case of the respective marks identical or very similar goods were at issue but was of the view that the applicants mark was not sufficiently similar to any of the opponents’ marks such that there was a likelihood of confusion. In making this comparison he also bore in mind the nature of the goods at issue here. Opposition thus failed.

Full decision O/532/01 PDF document31Kb