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You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> CELEXA (Trade Mark: Opposition) [2002] UKIntelP o09802 (6 March 2002)
URL: http://www.bailii.org/uk/cases/UKIntelP/2002/o09802.html
Cite as: [2002] UKIntelP o9802, [2002] UKIntelP o09802
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CELEXA (Trade Mark: Opposition) [2002] UKIntelP o09802 (6 March 2002)
For the whole decision click here: o09802
Trade mark decision
- BL Number
- O/098/02
- Decision date
- 6 March 2002
- Hearing officer
- Mr R A Jones
- Mark
- CELEXA
- Classes
- 16, 35
- Applicant
- Lundbeck Limited
- Opponent
- G D Searle & Co
- Opposition
- Section 5(2)(b)
Result
Section 5(2)(b) - Opposition failed
Points Of Interest
- None
Summary
The opponents opposition was based on their ownership of a registration for the mark SOLEXA in Class 5 in respect of "Pharmaceuticals in the nature of anti-inflammatory analgesics". They claimed that conflict arises with the applicants application because in Class 16 the goods - a range of printed matter - are restricted to "all relating to the advertising, promotion etc of pharmaceutical products.
Under Section 5(2)(b) the Hearing Officer applied the usual tests in considering whether or not the goods and services applied for in Classes 16 and 35 were similar to the opponents goods in Class 5. In the event the Hearing Officer decided that the respective goods and services applied for were not similar to the opponents goods since the uses, nature and channels of trade were different. This finding effectively decided the opposition even though the Hearing Officer noted that the respective marks CELEXA and SOLEXA were aurally similar. His overall finding was that there was unlikely to be any confusion between the respective marks because of the difference between the respective goods and between the respective goods and services.