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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> PSORIMED (Trade Mark: Opposition) [2000] UKIntelP o42200 (21 November 2000)
URL: http://www.bailii.org/uk/cases/UKIntelP/2000/o42200.html
Cite as: [2000] UKIntelP o42200
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PSORIMED (Trade Mark: Opposition) [2000] UKIntelP o42200 (21 November 2000)
For the whole decision click here: o42200
Trade mark decision
- BL Number
- O/422/00
- Decision date
- 21 November 2000
- Hearing officer
- Mr M Reynolds
- Mark
- PSORIMED
- Classes
- 05
- Applicants
- Dr August Wolff GmbH & Co Arzneimittel
- Opponents
- Diomed Developments Limited
Result
Section 5(2)(b) - Opposition successful
Points Of Interest
- None
Summary
The opponents opposition was based on their registered mark PSORIDERM in Class 5 and use of that mark on a modest scale. Applicants claimed that PSORI was descriptive in relation to preparations for the treatment of psoriasis; also that there are a number of marks registered in the UK with the PSORI prefix including PSORIN, PSORIGEL, PSORIDERM and PSORIGON.
When comparing the respective marks the Hearing Officer noted that the evidence established that identical goods were at issue; that PSORI was not descriptive though it was likely to be seen as alluding to psoriasis and that the opponents did not have a monopoly in the PSORI prefix. Nevertheless the Hearing Officer concluded that the marks were essentially the same length, had elements in common and were visually similar and had some conceptional similarity. Overall the Hearing Officer decided that there was a likelihood of confusion and that the opposition succeeded.