Trade mark decision

BL Number

O/399/02

Decision date

11 September 2002

Hearing officer

Mr David Kitchin QC

Mark

HPMC-OPHTAL (WORD ONLY MARK)

Classes

05

Applicants/Respondents

Dr Robert Winzer Pharma GmbH

Opponents/Appellants

Alcon Pharmaceuticals Limited

Appeal against the Decision of the Registrar’s Hearing Officer in Opposition Proceedings

Result

Appeal dismissed.

Points Of Interest

• 1. The Appointed Person did not accept that the misspelling of OPHTHAL would always be ‘quite apparent’ to the relevant consumer, as found by the Hearing Officer, but nevertheless upheld his findings in respect of the mark as a whole.

Summary

At first instance the Hearing Officer had found against the opponents under all the sections and sub-sections cited (see BL O/477/01). The appeal was against his findings under Sections 3(1)(a), 3(1)(b) and 3(1)(c). The Appointed Person, however, upheld the Hearing Officer’s decision and concluded that he had been right in his findings in respect of the mark ‘as a whole’.

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URL: http://www.bailii.org/uk/cases/UKIntelP/2002/o39902.html