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You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> NOVOPHARM (Trade Mark: Opposition) [2001] UKIntelP o53201 (28 November 2001) URL: http://www.bailii.org/uk/cases/UKIntelP/2001/o53201.html Cite as: [2001] UKIntelP o53201 |
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For the whole decision click here: o53201
Result
Section 5(2)(b) - Opposition failed
Points Of Interest
Summary
The opponents opposition was based on their ownership of a number of registrations in Class 5 of the following marks:-
NOVO NORDISK
NOVOJECT
NOVOLIN
NOVOCARE
NOVOSTASE
NOVOLET
NOVO NORDISK GlucaGen
NOVOSEVEN
NOVO NORDISK (device)
NOVONORM (NORM disclaimed
The opponents claimed the benefit of a family of NOVO marks and filed details of extensive use and promotion. However, they failed to identify the NOVO marks in use nor were they very precise about the period of use of particular marks. In at least some instances use was after the relevant date. In such circumstances the Hearing Officer determined that the opponents could not rely on their claim to a family of marks and the applicants mark must be compared on an individual basis to each of the opponents marks.
The Hearing Officer noted that in the case of the respective marks identical or very similar goods were at issue but was of the view that the applicants mark was not sufficiently similar to any of the opponents’ marks such that there was a likelihood of confusion. In making this comparison he also bore in mind the nature of the goods at issue here. Opposition thus failed.