MYCOSTIN - 220204

• Administrative Decision Number: 220204
• Date: 26 October 2007
• opponent: E.R. SQUIBB & SONS, LLC
• 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. 220204 and

in the matter of an Opposition thereto.

PIERRE FABRE DERMATOLOGIE Applicant

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

follows:

“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.

Opposition

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