British
and Irish Legal Information Institute
Freely Available British and Irish Public Legal Information
[Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback]
United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> RENERVEX (Trade Mark: Opposition) [2000] UKIntelP o04700 (16 February 2000)
URL: http://www.bailii.org/uk/cases/UKIntelP/2000/o04700.html
Cite as: [2000] UKIntelP o4700, [2000] UKIntelP o04700
[New search] [Printable PDF version] [Help]
RENERVEX (Trade Mark: Opposition) [2000] UKIntelP o04700 (16 February 2000)
For the whole decision click here: o04700
Trade mark decision
- BL Number
- O/047/00
- Decision date
- 16 February 2000
- Hearing officer
- Dr W J Trott
- Mark
- RENERVEX
- Classes
- 05
- Applicants
- Amgen Inc
- Opponents
- Bristol-Myers Squibb Company
- 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. "The law requires ‘a likelihood of confusion’. A mere possibility of confusion (in exceptional circumstance) is not enough."
Summary
The opposition was based on the opponents’ earlier mark PRESERVEX, in Class 5. The Hearing Officer concluded that the marks were not sufficiently similar as to give rise to a likelihood of confusion. The possibility that the marks might be poorly reproduced, in use, could not form part of the Hearing Officer’s considerations, he found. The evidence of use did not support the case under passing off.