AVASTAT - 224269

Administrative Decision Number224269
Date02 March 2007
opponentMERCK & CO. INC
SectionTrade Marks Act, 1996 - 2003-2007
Decision in Hearing
IN THE MATTER OF an application for registration of Trade Mark No. 224269 and
in the matter of an Opposition thereto.
ROWEX LTD. Applicant
MERCK & CO. INC Opponent
Application for registration
1. On 2 May, 2002, Rowex Ltd., an Irish company of Newtown, Bantry, Co. Cork
made application (No. 2002/00937) under Section 37 of the Trade Marks Act,
1996 (“the Act”) to register the word AVASTAT as a trade mark in respect of
goods in Class 5, namely, “pharmaceutical preparations and substances”.
2. The application was accepted for registration and advertised accordingly under
No. 224269 in Journal No. 1951 on 18 September, 2002.
3. Notice of opposition to the registration of the mark pursuant to Section 43 of the
Act was filed on 16 December, 2002 by Merck & Co. Inc, a corporation organised
and existing under the laws of the State of New Jersey, United States of America
of One Merck Drive, P.O. Box 100, Whitehouse Station, New Jersey, United
States of America. The Applicant filed a counter-statement on 5 March, 2003 and
evidence was subsequently filed by the parties under Rules 20 and 21 of the Trade
Marks Rules, 1996 (“the Rules”).
4. The matter became the subject of a Hearing before me, acting for the Controller,
on 16 November, 2006 following which the Applicant requested that the
specification of goods be amended to read “prescription only pharmaceutical
preparations and substances for the treatment of hypercholesterolaemia”. That
amendment was accepted and advertised in Journal No. 2061 on 13 December,
2006 and the Opponent was notified accordingly pursuant to rule 26(1)(i). On 4

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