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.
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