ASAMAX - 214594

• Administrative Decision Number: 214594
• Date: 26 September 2006
• opponent: ALMIRALL=PRODESFARMA S.A.
• 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. 214594 and

in the matter of an Opposition thereto.

YAMANOUCHI EUROPE B.V. Applicant

ALMIRALL-PRODESFARMA S.A. Opponent

The application

1. On 9 July, 1999, Yamanouchi Europe B.V., a Besloten Vennootschap organised

and existing under the laws of the Kingdom of the Netherlands of Elisabethhof 19,

2353 EW Leiderdorp, The Netherlands made application (No. 1999/02303) under

Section 37 of the Trade Marks Act, 1996 (“the Act”) to register the word

ASAMAX as a Trade Mark in Class 5 in respect of pharmaceutical preparations

and medicines, all for human use.

2. The application contained a claim, under Section 40 of the Act, to a right of

priority on the basis of an application for registration filed on 28 January, 1999 at

the Benelux Trade Mark Office, the registration authority for the combined

territory of Belgium, the Netherlands and Luxembourg.

3. The application was accepted for registration and advertised accordingly under

No. 214594 in Journal No. 1889 on 3 May, 2000.

4. Notice of Opposition to the registration of the mark pursuant to Section 43 of the

Act was filed on 27 July, 2000 by Almirall-Prodesfarma S.A. of Ronda del

General Mitre, 151, 08022 Barcelona, Spain. The Applicant filed a counter-

statement on 2 November, 2000 and evidence was, in due course, filed by the

parties under Rules 20, 21, 22 and 23 of the Trade Marks Rules, 1996.