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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> PEPTAC (Trade Mark: Opposition) [2000] UKIntelP o47600 (20 December 2000)
URL: http://www.bailii.org/uk/cases/UKIntelP/2000/o47600.html
Cite as: [2000] UKIntelP o47600
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PEPTAC (Trade Mark: Opposition) [2000] UKIntelP o47600 (20 December 2000)
For the whole decision click here: o47600
Trade mark decision
- BL Number
- O/476/00
- Decision date
- 20 December 2000
- Hearing officer
- Mr M Knight
- Mark
- PEPTAC
- Classes
- 05
- Applicant
- Norton Healthcare Limited
- Opponent
- Merck & Co Inc
- Opposition
- Sections 5(2)(b)
Result
Section 5(2)(b) - Opposition successful
Points Of Interest
- None
Summary
The opponents opposition was based on their marks PEPCID AC, which they had used, and PEPCIDAC which was a prior registration and therefore a prior right. The Hearing Officer proceeded on the basis that the opponents best case rested on their mark PEPCIDAC and, having established that identical goods were at issue within Class 5, compared the respective marks PEPTAC and PEPIDAC. The Hearing Officer noted the visual similarities of the identical prefix PEP and identical suffix AC. He also considered them to be aurally similar. In conclusion, and bearing in mind imperfect recollection, he considered there was a likelihood of confusion between the two marks.