Glaxo Wellcome UK Ltd (t/a Allen & Hanburys) & Anor v Sandoz Ltd

Glaxo Wellcome UK Ltd (t/a Allen & Hanburys) & Anor v Sandoz Ltd

The trade mark registration lacks the necessary clarity, precision, and uniformity required by Article 4 of the Trade Mark Regulation, as it encompasses multiple possible forms and abstractions rather than a single sign; therefore, it is invalidly registered.

Parties
Claimant: Glaxo Wellcome UK Limited (t/a Allen & Hanburys); Claimant: Glaxo Group Limited; Defendant: Sandoz Limited
Jurisdiction
England and Wales
Judgment Date
28 June 2016
Procedural Posture
Intellectual Property / Summary Judgment on Counterclaim
Outcome
Trade mark declared invalid; infringement claim dismissed.
Legal Topics
EU Trade Mark Validity, Graphic Representation, Colour Marks, Interpretation of Trade Mark Registration
Intellectual Property Trademark Law EU Trade Mark Validity Graphic Representation Colour Marks Interpretation of Trade Mark Registration

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 15 Party arguments 2
Sign in to unlock

Parties

Glaxo Wellcome UK Limited (t/a Allen & Hanburys)

Claimant

Glaxo Group Limited

Claimant

Sandoz Limited

Defendant

Procedural Posture

Intellectual Property / Summary Judgment on Counterclaim

Legal Issues

  1. 1 Whether EU Trade Mark No. 3890126 is invalid for lack of clarity, precision, and uniformity under Article 4 of Council Regulation (EC) 207/2009
  2. 2 Whether the trade mark consists of a single sign or impermissible variants
  3. 3 How to interpret incongruence between visual representation and description in a colour mark

Ratio Decidendi

The trade mark registration lacks the necessary clarity, precision, and uniformity required by Article 4 of the Trade Mark Regulation, as it encompasses multiple possible forms and abstractions rather than a single sign; therefore, it is invalidly registered.

Court Disposition

Trade mark declared invalid; infringement claim dismissed.

Orders

  • EU Trade Mark No. 3890126 is invalidly registered pursuant to Articles 52(1)(a), 7(1)(a), and 4 of Council Regulation (EC) 207/2009.
  • Glaxo’s claim for infringement of the Trade Mark is dismissed.