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United Kingdom Intellectual Property Office Decisions |
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You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> ETURION (Trade Mark: Opposition) [2003] UKIntelP o24203 (20 August 2003) URL: http://www.bailii.org/uk/cases/UKIntelP/2003/o24203.html Cite as: [2003] UKIntelP o24203 |
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For the whole decision click here: o24203
Result
Section 5(2)(b) - Opposition failed.
Points Of Interest
Summary
The applicants mark has a specification reading "Pharmaceutical preparations for the treatment of cardiovascular conditions". The opponents registered mark URION in Class 5 has a specification reading "medical products for the treatment of benign prostate hypertrophy". The Hearing Officer compared the respective goods and in the absence of evidence from either party as to their exact nature, he decided that they were at the borders of similarity.
In his comparison of the respective marks ETURION and URION the Hearing Officer concluded that there was some degree of similarity only because the opponent's mark was contained within the applicant's mark. Taking an overall view of the goods and marks the Hearing officer concluded that there was no likelihood of confusion and that the opposition failed.
