Freely Available British and Irish Public Legal Information
[Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback]
United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> AMIAID (Trade Mark: Opposition) [2007] UKIntelP o12607 (14 May 2007)
URL: http://www.bailii.org/uk/cases/UKIntelP/2007/o12607.html
Cite as: [2007] UKIntelP o12607
[New search] [Printable PDF version] [Help]
AMIAID (Trade Mark: Opposition) [2007] UKIntelP o12607 (14 May 2007)
For the whole decision click here: o12607
Trade mark decision
- BL Number
- O/126/07
- Decision date
- 14 May 2007
- Hearing officer
- Mr G Salthouse
- Mark
- AMIAID
- Classes
- 05
- Applicant
- Nitto Denko Corporation
- Opponent
- Takeda Pharmaceutical Co Ltd
- Opposition
- Sections 5(2)(b) & 5(4)(a)
Result
Section 5(2)(b): Opposition partially successful. Section 5(4)(a): Opposition partially successful.
Points Of Interest
- None
Summary
The applicant’s application is in respect of “Ischemic heart disease treatment medicines; bronchodilators; local anaesthetics”.
The opponent owns the registered mark AMIAS in Class 5 in respect of “Anti-hypertensive preparations and substances”. The opponent also filed details of significant use and promotion of its mark and the Hearing Officer accepted that the opponent had an enhanced reputation in its mark.
Under Section 5(2)(b) the Hearing Officer compared the respective goods. He decided that the opponent’s goods were very similar to the applicant’s heart medicines but a very low degree of similarity to the bronchodilators and local anaesthetics. As regards the respective marks, the Hearing Officer thought them highly similar because of the common prefixes AMI. Taking an overall view of the conflict the Hearing Officer found the opponent successful in respect of the applicant’s heart medicines but that it failed in respect of the other goods.
Under Section 5(4)(a) the Hearing Officer arrived at a similar result.