Trade mark decision

BL Number

O/171/02

Decision date

19 April 2002

Hearing officer

Dr W J Trott

Mark

IMMUNOVEX

Classes

05, 10, 42

Applicant

Neuro Vex Ltd (BioVex Ltd)

Opponent

Immunex Corporation

Opposition

Section 5(2)(b)

Result

Section 5(2)(b): - Opposition partially successful.

Points Of Interest

• 1. Comparison of the mark IMMUNOVEX v IMMUNEX

Summary

The opposition was based on the mark IMMUNEX, in Classes 5, 16 and 42. Comparing the goods/services, the Hearing Officer came to the view that the Class 5 goods were identical and the Class 42 specification to be "encompassed within the opponents’". In Class 10, however, he accepted that there was ‘some degree of similarity’, but it was at the "very limits of what could be described as similar ....".

He went on to compare the marks. He found these sufficiently similar as to be likely to cause confusion in Classes 5 and 42, but not in Class 10.

He allowed the mark to proceed, with the deletion of the Class 5 and Class 42 specifications, but awarded costs to the opponents.