Trade mark decision

BL Number
O/559/01
Decision date
12 December 2001
Hearing Officer
Mr M Foley
Mark
ACRYLIOS
Classes
09, 10
Applicant
Group Chauvin
Opponent
Alcon Pharmaceuticals Limited
Opposition
Sections 5(2)(b) & 5(3)* *An objection under Section 3 was dismissed as it had been based on relative grounds

Result

Section 5(2)(b) - Opposition failed

Section 5(3) - Opposition failed

Points Of Interest

  • None

Summary

The opposition was based on the opponents’ marks ACRYSOF and ACRYPAK, registered in Class 10. The Hearing Officer did not find a likelihood of confusion arising from these marks; the Section 5(2)(b) objection failed therefore. Under Section 5(3) the Hearing Officer found that the opponents had not demonstrated the required reputation.

Full decision O/559/01 PDF document25Kb