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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> BI -AGRA (Trade Mark: Opposition) [2004] UKIntelP o04904 (24 February 2004)
URL: http://www.bailii.org/uk/cases/UKIntelP/2004/o04904.html
Cite as: [2004] UKIntelP o4904, [2004] UKIntelP o04904
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BI-AGRA (Trade Mark: Opposition) [2004] UKIntelP o04904 (24 February 2004)
For the whole decision click here: o04904
Trade mark decision
- BL Number
- O/049/04
- Decision date
- 24 February 2004
- Hearing officer
- Mr M Reynolds
- Mark
- BI-AGRA
- Classes
- 01
- Applicant
- Glenside Organics Limited
- Opponent
- Pfizer Inc
- Opposition
- Section 5(2)(b)
Result
Section 5(2)(b) - Opposition successful
Points Of Interest
- 1. Comparison of the marks, VIAGRA v BI-AGRA
Summary
The opposition was based on a UK registration of VIAGRA in Class 1 and a Community Trade Mark registration of the same mark for a much broader specification, also in Class 1. Referring to this broader specification the Hearing Officer found identical or closely similar goods to be at issue. He therefore proceeded to a comparison of the marks. The opponents’ marks had a high degree of distinctiveness he found. The marks had some overall visual similarity, but "not to a particularly high degree". Aurally, however, they were similar; the position on conceptual similarity was "broadly neutral".
Assessing the matter globally, and noting his own limited information on the relevant trade (agricultural fertilizers, chemicals etc), the Hearing Officer found a likelihood of confusion and the opposition succeeded accordingly.
After hearing the opposing submissions regarding costs, the Hearing Officer eventually awarded costs to the opponents in accordance with the published scale.