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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> AAXEL (Trade Mark: Invalidity) [2003] UKIntelP o27303 (9 September 2003)
URL: http://www.bailii.org/uk/cases/UKIntelP/2003/o27303.html
Cite as: [2003] UKIntelP o27303

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AAXEL (Trade Mark: Invalidity) [2003] UKIntelP o27303 (9 September 2003)

For the whole decision click here: o27303

Trade mark decision

BL Number
O/273/03
Decision date
9 September 2003
Hearing officer
Mr M Reynolds
Mark
AAXEL
Classes
05, 30
Registered Proprietor
Sanofi-Synthelabo
Applicants for a Declaration of Invalidity
Stada Arzneimittel AG
Application for Invalidation
Section 47(2)(a) (Section 5(2)(b))

Result

Application for a declaration of invalidity, Section 47(2)(a), failed.

Points Of Interest

Summary

The applicants were proprietors of the Community Trade Mark '@@XL pharma', registered in Classes 3, 5, & 42. The Hearing Officer found that the goods were similar. Both marks had a distinctive character. Having compared the marks, however, and having reviewed the submissions and relevant cases, the Hearing Officer was not persuaded that the proprietor’s mark captured the distinctive character of the applicants' mark to the point where there was a likelihood of confusion. The application for invalidation failed.


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URL: http://www.bailii.org/uk/cases/UKIntelP/2003/o27303.html