Trade mark decision

BL Number

O/405/02

Decision date

14 October 2002

Hearing officer

Mr D Landau

Mark

TRIAGRA

Classes

05

Applicant

Y2K Shipping & Trading Inc

Opponent

Pfizer Products Inc

Opposition

Sections 5(2)(b); 5(3) & 5(4)(a)

Result

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

Section 5(3) - Opposition failed.

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

Points Of Interest

• 1. The risk that the public might believe that the goods came from economically –linked undertakings overcame the dissimilarity in the marks TRIAGRA v VIAGRA.

Summary

The opposition was based on the opponents’ mark VIAGRA. The Hearing Officer found the goods to be similar but the marks, he concluded, had a "low degree of similarity". Nevertheless, on a "global assessment" he considered that there was a risk that the public might believe that the goods came from the same undertaking and hence there was a likelihood of confusion. The opposition under Section 5(2)(b) succeeded accordingly.

Under Section 5(3) he found that use of the trade mark in suit would undoubtedly have damaged the repute of VIAGRA, but given that the goods were similar, that ground had to fail.

Finally, under Section 5(4)(a), he found the opponents again to have succeeded.

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URL: http://www.bailii.org/uk/cases/UKIntelP/2002/o40502.html