There exists likelihood of confusion between the word marks Evonik and Evontrus with regard to pharmaceutical and medicinal preparations and substances. Background The applicant, Glaxo Group Limited, filed a UK trade mark application for EVONTRUS to cover “pharmaceutical and medicinal preparations and substances; vaccines” in class 5. The opponent, Evonik Industries AG, opposed the application under Section 5(2)(b) of the Trade Marks Act 1994 on the grounds of likelihood of confusion with its earlier UK designation for the mark EVONIK, which covers “pharmaceutical, veterinary and sanitary preparations” in class 5. Decision The goods were held to be identical or highly similar. The average consumer was held to consist of medical and healthcare professionals and members of the general public, for whom the level of attention may vary, depending on factors such as the price and purpose of the goods, therapeutic indications, and whether they are sold…
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