AFFEX - 213120

Administrative Decision Number213120
Date21 February 2005
SectionTrade Marks Act, 1996 - 2003-2007
Decision in Hearing
IN THE MATTER OF an application for registration of Trade Mark No. 213120 and
in the matter of an Opposition thereto.
(formerly KLINGE PHARMA GMBH) Applicant
The application
1. On 22 April, 1999, Klinge Pharma GmbH, a limited liability company organised
and existing under the laws of Germany, of Berg-am-Laim-Str. 129, 81673
München, Germany (predecessor in title of the Applicant) made application (No.
1999/01340) to register the word AFFEX as a Trade Mark in Class 5 in respect of
the following goods:
“Pharmaceutical, veterinary and sanitary preparations.”
2. The application was accepted for registration and advertised accordingly under
No. 213120 in Journal No. 1885 on 8 March, 2000.
3. Notice of Opposition to the registration of the mark pursuant to Section 43 of the
Act was filed on 6 June, 2000 by American Home Products Corporation of Five
Giralda Farms, Madison, New Jersey 07940-0874, United States of America
(predecessor in title of the Opponent). The Applicant filed a counter-statement on
15 August, 2000 and evidence was, in due course, filed by the parties under Rules
20, 21, 22 and 23 of the Trade Marks Rules, 1996.
4. The Opposition became the subject of a Hearing before me, acting for the
Controller, on 20 March, 2004. The parties were notified on 13 January, 2005 that

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