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United Kingdom Intellectual Property Office Decisions
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EUMOGEL (Trade Mark: Opposition) [2001] UKIntelP o06901 (12 February 2001)
URL: http://www.bailii.org/uk/cases/UKIntelP/2001/o06901.html
Cite as:
[2001] UKIntelP o06901,
[2001] UKIntelP o6901
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EUMOGEL (Trade Mark: Opposition) [2001] UKIntelP o06901 (12 February 2001)
For the whole decision click here: o06901
Trade mark decision
- BL Number
- O/069/01
- Decision date
- 12 February 2001
- Hearing officer
- Mr M Reynolds
- Mark
- EUMOGEL
- Classes
- 05
- Applicant
- Stevenden Healthcare limited
- Opponent
- Glaxo Group Limited
- Opposition
- Sections 5(2)(b), 5(4)(a) & 5(4)(b)
Result
Section 5(2)(b) - Opposition successful
Section 5(4)(a) - No formal finding
Section 5(4)(b) - Opposition dismissed
Points Of Interest
Summary
The opponents based their case on the use and registration of their mark EUMOVATE. The Hearing Officer found the marks gave rise to a likelihood of confusion. The opposition under Section 5(2)(b) succeeded accordingly. The Section 5(4)(b) objection was not explained or substantiated and was dismissed. The Hearing Officer made no formal finding under Section 5(4)(a) beyond remarking that the case under that head would be likely to produce a similar result to that under Section 5(2)(b).