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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> EMILVA (Trade Mark: Opposition) [2000] UKIntelP o11500 (23 March 2000)
URL: http://www.bailii.org/uk/cases/UKIntelP/2000/o11500.html
Cite as: [2000] UKIntelP o11500
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EMILVA (Trade Mark: Opposition) [2000] UKIntelP o11500 (23 March 2000)
For the whole decision click here: o11500
Trade mark decision
- BL Number
- O/115/00
- Decision date
- 23 March 2000
- Hearing officer
- Mr M Foley
- Mark
- EMILVA
- Classes
- 05
- Applicant
- Takeda Chemical Industries Ltd
- Opponent
- Solvay Duphar B.V.
- Opposition
- Sections 3(1)(a), 3(3)(a) & 5(2)(b)
Result
Section 3(1)(a) - Not pursued
Section 3(3)(a) - Opposition dismissed
Section 3(2)(b) - Opposition successful
Points Of Interest
- In comparing the two marks, the Hearing Officer was not prepared to disregard the common suffix VA, which evidence showed to be common to pharmaceutical names, on the basis that such an approach was considered to be at odds with the cited case law.
Summary
Opponents based their opposition on registration in Class 5 of the mark ENLIVA, in respect of pharmaceutical preparations and substances. The Hearing Officer found this to be an invented word of inherent distinctiveness, sharing enough phonetic and visual similarities with the mark in question to create a likelihood of confusion, particularly bearing in mind imperfect recollection and given that identical goods were involved. The opposition under Section 5(2)(b) therefore succeeded.
Opposition under Section 3(3)(a), based on potential consequences of the wrong medication being supplied due to confusion between the marks, was dismissed, the Hearing Officer concluding that the relevant issues fell to be decided under Section 5(2)(b).