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United Kingdom Intellectual Property Office Decisions
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VYKTRA (Trade Mark: Opposition) [2003] UKIntelP o30803 (15 October 2003)
URL: http://www.bailii.org/uk/cases/UKIntelP/2003/o30803.html
Cite as:
[2003] UKIntelP o30803
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VYKTRA (Trade Mark: Opposition) [2003] UKIntelP o30803 (15 October 2003)
For the whole decision click here: o30803
Trade mark decision
- BL Number
- O/308/03
- Decision date
- 15 October 2003
- Hearing officer
- Mr M Reynolds
- Mark
- VYKTRA
- Classes
- 05
- Applicant
- Pharmacia & Upjohn Company
- Opponent
- SmithKline Beecham Plc
- Opposition
- Section 5(2)(b)
Result
Section 5(2)(b): - Opposition failed.
Points Of Interest
Summary
The opponents opposition was based on their ownership of a community registration for the mark VYKAST in respect of identical and similar goods. No evidence of use of either mark was filed in the proceedings so the only matter to be decided under Section 5(2)(b) was whether the respective marks VYKTRA and VYKAST were confusingly similar.
The Hearing Officer considered that there was some visual similarity but that there was little phonetic similarity. Even allowing for imperfect recollection and the possibility of association the Hearing Officer concluded that the respective marks were not so similar that there was a likelihood of confusion as to origin. Opposition thus failed.