Plaintiff: Astrazeneca AB
Defendant: Ranbaxy Laboratories Limited
Case no.: O/347/03
Jurisdiction: United Kingdom
Industry: Pharmaceuticals
Decision date: 11 Dec, 2003
The Hearing Officer found, first, that the goods in the applicants' specification (as applied for) were identical with the opponents’ goods. He went on to compare the marks and to make an assessment of the likelihood of confusion. In the result he found each of the opponents’ marks were similar to the mark applied for, and that OMEPRAL was closer than OMEPAL. The goods could be 'over the counter' medicines. The customer could therefore be faced with identical goods, similar marks which had no conceptual association to aid the memory, and earlier trade marks which were distinctive. There was a likelihood of confusion, he found. The opposition succeeded accordingly and the applicants were required to amend their specification in the manner sought by the opponents.
OMEPRAL
OMERAN
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