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United Kingdom Intellectual Property Office Decisions
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HPMC -OPHTAL (WORD ONLY MARK) (Trade Mark: Opposition) [2002] UKIntelP o39902 (11 September 2002)
URL: http://www.bailii.org/uk/cases/UKIntelP/2002/o39902.html
Cite as:
[2002] UKIntelP o39902
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HPMC-OPHTAL (WORD ONLY MARK) (Trade Mark: Opposition) [2002] UKIntelP o39902 (11 September 2002)
For the whole decision click here: o39902
Trade mark decision
- BL Number
- O/399/02
- Decision date
- 11 September 2002
- Hearing officer
- Mr David Kitchin QC
- Mark
- HPMC-OPHTAL (WORD ONLY MARK)
- Classes
- 05
- Applicants/Respondents
- Dr Robert Winzer Pharma GmbH
- Opponents/Appellants
- Alcon Pharmaceuticals Limited
- Appeal against the Decision of the Registrar’s Hearing Officer in Opposition Proceedings
Result
Appeal dismissed.
Points Of Interest
-
1. The Appointed Person did not accept that the misspelling of OPHTHAL would always be ‘quite apparent’ to the relevant consumer, as found by the Hearing Officer, but nevertheless upheld his findings in respect of the mark as a whole.
Summary
At first instance the Hearing Officer had found against the opponents under all the sections and sub-sections cited (see BL O/477/01). The appeal was against his findings under Sections 3(1)(a), 3(1)(b) and 3(1)(c). The Appointed Person, however, upheld the Hearing Officer’s decision and concluded that he had been right in his findings in respect of the mark ‘as a whole’.