ASAMAX - 214594

Administrative Decision Number214594
Date26 September 2006
SectionTrade Marks Act, 1996 - 2003-2007
Decision in Hearing
IN THE MATTER OF an application for registration of Trade Mark No. 214594 and
in the matter of an Opposition thereto.
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.

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