IPC No. 14-2005-00130

This was an opposition case instituted by Swiss multinational corporation Alcon, Inc., owner of the registered trademark ALCON, directed at the application for registration under International Class 5 of the trademark ELKEN & DEVICE, Serial No. 2-2002-002929, owned by our client Elken SDN BHD, a Malaysian company. The former claimed that, with both marks covering the same class of goods, approval of the registration of the trademark ELKEN & DEVICE will not only cause confusion among buyers but would also diminish and dilute the distinctiveness and identity of the trademark ALCON.

The Director of the Bureau of Legal Affairs, Intellectual Property Office [IPO], denied the opposition of Alcon, Inc., and gave due course to the application for registration of the trademark ELKEN & DEVICE by applicant Elken SDB. BHD., on the following legal bases:

• There is no confusing similarity between the two marks.
• While goods using either mark fall under the same Class 5, what is controlling is the similarity, if any, of the goods offered for sale and not "the arbitrary classification or general description of their properties or characteristics."

Alcon, Inc., did not pursue its appeal to the Office of the Director General, IPO.

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