Unigate Dairies Limited v. Johnson & Johnson

Unigate Dairies Limited

Case details

Case no.: O/387/01

Jurisdiction: United Kingdom

Industry: Pharmaceuticals

Decision date: 07 Jan, 2001


The opposition was based on the opponents' use and registration of their mark CALCIA. Under Section 5(2)(b) the Hearing Officer found a similarity in the marks and identicality in the goods and concluded that a likelihood of confusion existed. The opposition under Section 5(2)(b) succeeded accordingly; a previous history of co-existence on the register did not affect the matter, co-existence in the market might have been a relevant factor. The opponents did not provide evidence of a reputation, consequently the opposition under Section 5(3) failed. The opponents were in no better position under Section 5(4)(a) then under Section 5(2)(b) and could not succeed to a greater extent. The Section 3(6) objection was dismissed as it had been neither supported nor explained.

Comparison of Trademarks