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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> EVARISE (Trade Mark: Opposition) [2003] UKIntelP o10303 (8 April 2003)
URL: http://www.bailii.org/uk/cases/UKIntelP/2003/o10303.html
Cite as: [2003] UKIntelP o10303

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EVARISE (Trade Mark: Opposition) [2003] UKIntelP o10303 (8 April 2003)

For the whole decision click here: o10303

Trade mark decision

BL Number
O/103/03
Decision date
8 April 2003
Hearing officer
Mr J MacGillivray
Mark
EVARISE
Classes
05
Applicant
Pfizer Products Inc
Opponent
F Hoffman – La Roche AG
Opposition
Section 5(2)(b)

Result

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

Points Of Interest

Summary

The opposition was based on the opponents’ registration (international trade mark, protected in the UK) of EVONISE, in Class 5.

Comparing the marks the Hearing Officer concluded that they possessed ‘obvious visual similarity’ and there was considerable scope for visual confusion.

Aural similarity existed, he found, but it was not less strong as the visual similarity. On a global appreciation he found there to be a likelihood of confusion. The opposition succeeded accordingly.


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URL: http://www.bailii.org/uk/cases/UKIntelP/2003/o10303.html