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United Kingdom Intellectual Property Office Decisions
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EVARISE (Trade Mark: Opposition) [2003] UKIntelP o10303 (8 April 2003)
URL: http://www.bailii.org/uk/cases/UKIntelP/2003/o10303.html
Cite as:
[2003] UKIntelP o10303
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EVARISE (Trade Mark: Opposition) [2003] UKIntelP o10303 (8 April 2003)
For the whole decision click here: o10303
Trade mark decision
- BL Number
- O/103/03
- Decision date
- 8 April 2003
- Hearing officer
- Mr J MacGillivray
- Mark
- EVARISE
- Classes
- 05
- Applicant
- Pfizer Products Inc
- Opponent
- F Hoffman – La Roche AG
- Opposition
- Section 5(2)(b)
Result
Section 5(2)(b) - Opposition successful.
Points Of Interest
-
1. Comparison of the marks EVONISE v EVARISE.
Summary
The opposition was based on the opponents’ registration (international trade mark, protected in the UK) of EVONISE, in Class 5.
Comparing the marks the Hearing Officer concluded that they possessed ‘obvious visual similarity’ and there was considerable scope for visual confusion.
Aural similarity existed, he found, but it was not less strong as the visual similarity. On a global appreciation he found there to be a likelihood of confusion. The opposition succeeded accordingly.