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United Kingdom Intellectual Property Office Decisions
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DUONEBS (Trade Mark: Opposition) [1999] UKIntelP o30899 (3 September 1999)
URL: http://www.bailii.org/uk/cases/UKIntelP/1999/o30899.html
Cite as:
[1999] UKIntelP o30899
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DUONEBS (Trade Mark: Opposition) [1999] UKIntelP o30899 (3 September 1999)
For the whole decision click here: o30899
Trade mark decision
- BL Number
- O/308/99
- Decision date
- 3 September 1999
- Hearing officer
- Dr W J Trott
- Mark
- DUONEBS
- Classes
- 05
- Applicant
- Dallas Burston Healthcare Limited
- Opponent
- Boehringer Ingelheim KG
- Opposition
- Sections 5(2)(b) & (5(4)(a)
Result
Section 5(2)(b): - Opposition failed.
Section 5(4)(a): - Opposition failed.
Points Of Interest
-
1. This decision was appealed to the Appointed Person whose decision is set out in BL O/048/00
Summary
The opponent’s based their case on their marks COMBINEB, ATRO-NEB and DUOVENT. The Hearing Officer however found no likelihood of confusion, and noted that "DUO" and "NEBS" are common elements in the names of pharmaceutical products. The opposition failed on both grounds.