AFFEX - 213120

• Administrative Decision Number: 213120
• Date: 21 February 2005
• opponent: WYETH
• Section: Trade Marks Act, 1996 - 2003-2007

1

TRADE MARKS ACT, 1996

Decision in Hearing

IN THE MATTER OF an application for registration of Trade Mark No. 213120 and

in the matter of an Opposition thereto.

FUJISAWA DEUTSCHLAND GMBH

(formerly KLINGE PHARMA GMBH) Applicant

WYETH

(formerly AMERICAN HOME PRODUCTS CORPORATION) Opponent

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