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United Kingdom Intellectual Property Office Decisions
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LEUKOVEK (Trade Mark: Opposition) [2003] UKIntelP o15503 (11 June 2003)
URL: http://www.bailii.org/uk/cases/UKIntelP/2003/o15503.html
Cite as:
[2003] UKIntelP o15503
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LEUKOVEK (Trade Mark: Opposition) [2003] UKIntelP o15503 (11 June 2003)
For the whole decision click here: o15503
Trade mark decision
- BL Number
- O/155/03
- Decision date
- 11 June 2003
- Hearing officer
- Mr D Landau
- Mark
- LEUKOVEK
- Classes
- 05, 10, 42
- Applicant
- Biovex Ltd
- Opponent
- Schering-Plough Ltd
- Opposition
- Section 5(2)(b)
Result
Section 5(2)(b) - Opposition to inclusion of Class 5 specification successful.
Points Of Interest
-
1. Comparison of the marks LEUCOMAX v LEUKOVEX.
Summary
The opposition, based on the opponents’ registration of LEUCOMAX, was directed solely at the Class 5 specification.
The Hearing Officer found the respective goods identical and went on to compare the marks.
Overall, he decided, the marks enjoyed a good deal of similarity and, in the result, he found all the factors pointed to the conclusion that there was a likelihood of confusion. The specification of Class 5 goods had to be removed in its entirety.