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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> XAROCID (Trade Mark: Opposition) [2002] UKIntelP o47702 (25 November 2002)
URL: http://www.bailii.org/uk/cases/UKIntelP/2002/o47702.html
Cite as: [2002] UKIntelP o47702

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XAROCID (Trade Mark: Opposition) [2002] UKIntelP o47702 (25 November 2002)

For the whole decision click here: o47702

Trade mark decision

BL Number
O/477/02
Decision date
25 November 2002
Hearing officer
Mr M Reynolds
Mark
XAROCID
Classes
05
Applicant
Bayer AG
Opponent
Merrell Pharmaceuticals Inc
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 use and registration of the mark TARGOCID in Class 5.

The Hearing Officer noted that the goods, even if not identical were likely to be closely similar and he went on to consider the marks. The opponents’ mark, he decided had a relatively high degree of distinctive character by reason of its inherent characteristics. Having compared the marks however and having taken account of all the relevant factors, the Hearing Officer found no likelihood of confusion. The opposition under Section 5(2)(b) failed accordingly.


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URL: http://www.bailii.org/uk/cases/UKIntelP/2002/o47702.html