IPO The applicants were proprietors of the Community Trade Mark ‘@@XL pharma’, registered in Classes 3, 5, and 42. The Hearing Officer found that the goods were similar. Both marks had a distinctive character. Having compared the marks, however, and having reviewed the submissions and relevant cases, the Hearing Officer was not persuaded that the proprietor’s mark captured the distinctive character of the applicants’ mark to the point where there was a likelihood of confusion. The application for invalidation failed.
Mr M Reynolds
INV 16026, 767758,  UKIntelP O27303
PO, IPO, Bailii
Trade Marks Act 1994
England and Wales
Updated: 04 January 2021; Ref: scu.455687