ZIMOCLONE - 216722

• Administrative Decision Number: 216722
• Date: 29 August 2005
• opponent: MAY & BAKER LIMITED
• 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. 216722 and

in the matter of an Opposition thereto.

McDERMOTT LABORATOTIES LIMITED,

t/a GERARD LABORATORIES Applicant

MAY & BAKER LIMITED Opponent

The application

1. On 2 March, 2000, McDermott Laboratories Limited, t/a Gerard Laboratories, an

Irish company of Unit 35, Baldoyle Industrial Estate, Baldoyle, Dublin 13, made

application (No. 2000/00717) to register the word ZIMOCLONE as a Trade Mark

in Class 5 in respect pharmaceutical preparations and substances.

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

No. 216722 in Journal No. 1903 on 15 November, 2000.

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

Act was filed on 10 January, 2001 by May & Baker Limited, a British company of

Dagenham, Essex RM10 7XS, England. The Applicant filed a counter-statement

on 23 March, 2001 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 4 May, 2005. The parties were notified on 26 July, 2005that I had

decided to dismiss the opposition and to allow the application to proceed subject

to the Applicant restricting the list of goods covered by it to prescription-only

pharmaceuticals. I now state the grounds of my decision and the materials used in

arriving thereat.