MYCOSTIN - 220204

Administrative Decision Number220204
Date26 October 2007
opponentE.R. SQUIBB & SONS, LLC
SectionTrade Marks Act, 1996 - 2003-2007
Decision in Hearing
IN THE MATTER OF an application for registration of Trade Mark No. 220204 and
in the matter of an Opposition thereto.
E.R. SQUIBB & SONS, L.L.C. Opponent
Application for registration
1. On 11 January, 2001, Pierre Fabre Dermatologie, a French company of 45 place
Abel Gance, 92100 Boulogne, France, made application (No. 2001/001287) under
Section 37 of the Trade Marks Act, 1996 (“the Act”) to register the word
MYCOSTEN as a trade mark in respect of a specification of goods in Class 5,
which was changed in the course of the examination of the application to read as
“Pharmaceutical products, dermatological products, dermocosmetic
products for skin and hair hygiene and care.”
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 in France on 1 August, 2000.
3. The application was accepted for registration and advertised accordingly under
No. 220204 in Journal No. 1929 on 14 November, 2001.
4. Notice of opposition to the registration of the mark pursuant to Section 43 of the
Act was filed on 7 February, 2002 by E.R. Squibb & Sons, L.L.C. of
Lawrenceville-Princeton Road, Princeton, New Jersey 08540, United States of
America. The Applicant filed a counter-statement on 10 May, 2002 and evidence

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