Decision Nº O/171/06 from Intellectual Property Office - (Trade market), 20 June 2006
| Judge | Mr D Landau |
| Case Outcome | Section 5(2)(b): Opposition failed. Section 5(3): Opposition failed. Section 5(4)(a): Opposition failed. |
| Appellant | Novartis AG |
| Administrative Decision Number | O/171/06 |
| Registration Number | UK00002371142 |
| Date | 20 June 2006 |
| Court | Intellectual Property Office (United Kingdom) |
O/171/06
IN THE MATTER OF APPLICATION NO 2371142
BY RAJENDRA PATEL
TO REGISTER THE TRADE MARK:
NUTRAMAN
IN CLASSES 3 AND 5
AND
THE OPPOSITION THERETO
UNDER NO 93034
BY
NOVARTIS AG
2 of 25
In the matter of application no 2371142
by Rajendra Patel
to register the trade mark:
NUTRAMAN
in classes 3 and 5
and the opposition thereto
under no 93034
by Novartis AG
BACKGROUND
1) On 20 August 2004 Rajendra Patel applied to register the trade mark NUTRAMAN
(the trade mark). The application was published for opposition purposes in the “Trade
Marks Journal” on 22 October 2004 with the following specification:
bleaching preparations and other substances for laundry use, cleaning, polishing,
scouring and abrasive preparations, soap, perfumery, essential oils, cosmetics, hair
lotions, dentifrices, including deodorants for personal use;
pharmaceuticals and veterinary preparations, sanitary preparations for medical
purposes, dietetic substances adapted for medical use, food for babies, plasters,
materials for dressings, material for stopping teeth, dental wax, disinfectants,
preparations for destroying vermin, fungicides, herbicides, food and beverages which
are adapted for medical purposes.
The above goods are in classes 3 and 5 respectively of the Nice Agreement
concerning the International Classification of Goods and Services for the Purposes of
the Registration of Marks of 15 June 1957, as revised and amended.
2) On 15 December 2004 Novartis AG, which I will refer to as Novartis, filed a notice
of opposition to the application. Novartis is the owner of United Kingdom trade mark
registration no 1532688 for the trade mark NUTRAMENT. The application for
registration was filed on 15 April 1993 and the registration procedure was completed
on 18 September 1995. The application was advertised before acceptance. The
registration is for the following goods:
Milk based beverages; all included in Class 29.
The trade mark was advertised before acceptance ie the registrar waived an objection
against registration on the basis of evidence.
3) Novartis claims that the respective trade marks are similar and that:
pharmaceuticals, dietetic substances adapted for medical use, food for babies, food
and beverages which are adapted for medical purposes
are similar to the goods of its registration. Consequently, there is a likelihood of
confusion and registration of the trade mark would be contrary to section 5(2)(b) of
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