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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 >> NUTRAZYME (Trade Mark: Inter Partes) [2006] UKIntelP o23106 (14 August 2006) URL: http://www.bailii.org/uk/cases/UKIntelP/2006/o23106.html Cite as: [2006] UKIntelP o23106 |
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For the whole decision click here: o23106
Result
Section 5(2)(b): Opposition successful in part. Section 5(4)(a): Opposition successful in part.
Points Of Interest
Summary
The opposition was based on registration and use of the opponents’ mark NUTRIZYM, registered in respect of ‘pharmaceutical preparations and substances, all containing enzymes. Evidence of use, however, related to a very limited range of goods. The Hearing Officer lost no time in finding that the respective trade marks were ‘similar to a high degree’. His finding of similarity in the goods, however, related to a very limited range of goods in the specification. In consequence, he found a likelihood of confusion under Section 5(2)(b) in respect of those goods only.
His finding under Section 5(4)(a) was the same. As the applicant had achieved the greater measure of success an award of costs was made in this favour.
