Takeda Chemical Industries Limited v. Johnson & Johnson

Takeda Chemical Industries Limited


The opponents opposition was based on their ownership of a registration for the mark PROSTAP in Class 5 in respect of essentially, “Pharmaceutical preparations for treating prostate cancer” and significant use of that mark in relation to such goods”. The applicant’s marks was for use in relation to "Pharmaceutical preparations relating to the protection of nerve cells". Applying the usual tests the Hearing officer concluded that the respective goods were similar in the context of Section 5(2)(b) and went on to compare the respective marks PROSYNAP and PROSTAP. Assuming normal and fair use of the marks in relation to the respective specifications the Hearing Officer concluded that there was a likelihood of confusion. However, that decision was finely balanced and he indicated that if the applicants restricted their specification to "Pharmaceutical products for the acute treatment of strokes" the conflict could be avoided.

Comparison of Trademarks



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