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United Kingdom Intellectual Property Office Decisions
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URL: http://www.bailii.org/uk/cases/UKIntelP/2002/o19902.html
Cite as: [2002] UKIntelP o19902

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CILENSA (Trade Mark: Opposition) [2002] UKIntelP o19902 (10 May 2002)

For the whole decision click here: o19902

Trade mark decision

BL Number
O/199/02
Decision date
10 May 2002
Hearing officer
Mr M Reynolds
Mark
CILENSA
Classes
05
Applicant
Bayer Aktiengesellschaft
Opponent
Glaxo Group Ltd
Opposition
Sections 5(2)(b) & 5(4)(a)

Result

Section 5(2)(b) - Opposition failed.

Section 5(4)(a) - Opposition failed.

Points Of Interest

Summary

The opposition was based on the opponents' ownership and use of their mark RELENZA. After reviewing the matter the Hearing Officer found that the mark had a "highly distinctive character;" the goods were similar. After comparing the marks, however, he came to the conclusion that there was not a likelihood of confusion, even taking into account the nature of the goods (pharmaceuticals). The opponents were in no stronger position in relation to Section 5(4)(a) and that ground failed also.


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URL: http://www.bailii.org/uk/cases/UKIntelP/2002/o19902.html