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Reports of Patent, Design and Trade Mark Cases 2007 124(18):630-640; doi:10.1093/rpc/2007rpc28
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© Crown Copyright

[2007] R.P.C. 28

RATIOPHARM GMBH'S TRADE MARK APPLICATION

Appointed Person

(Geoffrey Hobbs Q.C.): March 14, 20071

[2007] R.P.C. 28

Trade mark—Application—Opposition—FELENDIL for pharmaceutical preparations—Earlier rights—PLENDIL registered for pharmaceutical preparations—Both marks actually used on antihypertensives—Registration refused—Appeal to Appointed Person—Absence of evidence of confusion where concurrent trading—Relevance and weight of such evidence—Likelihood of confusion—Assessment in relation to normal and fair use and not confined to actual use—Perception of relevant consumers.

Key Words: Aural similarity • Civil evidence • Confusion • Earlier trade marks • Opposition • Pharmaceuticals • Registration • Trade marks

1 Paragraph numbers in this judgment are as assigned by the court.


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