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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> XAROCID (Trade Mark: Opposition) [2002] UKIntelP o47702 (25 November 2002)
URL: http://www.bailii.org/uk/cases/UKIntelP/2002/o47702.html
Cite as: [2002] UKIntelP o47702
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XAROCID (Trade Mark: Opposition) [2002] UKIntelP o47702 (25 November 2002)
For the whole decision click here: o47702
Trade mark decision
- BL Number
- O/477/02
- Decision date
- 25 November 2002
- Hearing officer
- Mr M Reynolds
- Mark
- XAROCID
- Classes
- 05
- Applicant
- Bayer AG
- Opponent
- Merrell Pharmaceuticals Inc
- Opposition
- Sections 5(2)(b) & 5(4)(a)
Result
Section 5(2)(b) - Opposition failed.
Section 5(4)(a) - Opposition failed.
Points Of Interest
- Comparison of the marks TARGOCID v XAROCID.
Summary
The opposition was based on use and registration of the mark TARGOCID in Class 5.
The Hearing Officer noted that the goods, even if not identical were likely to be closely similar and he went on to consider the marks. The opponents’ mark, he decided had a relatively high degree of distinctive character by reason of its inherent characteristics. Having compared the marks however and having taken account of all the relevant factors, the Hearing Officer found no likelihood of confusion. The opposition under Section 5(2)(b) failed accordingly.