Astex Therapeutics Limited sought to register "ASTEX
TECHNOLOGY" included in a figurative mark for pharmaceuticals.
A company called Protec, which for some reason had registered the
word "ASTEX" for insecticide for killing dust mites,
succeeded in opposing the registration.
Laytons were brought in to argue the appeal. The argument for
the validity of the new mark was that the nature of the goods was
different: one was for promoting human well-being; the other was
for exterminating living creatures.
Further, if the goods were displayed in the same pharmacy, the
likelihood of imperfect recollection would be reduced.
The Court decided that since both these products could be of
interest to persons suffering from respiratory problems, it was
considered that the relevant public were likely to believe that the
goods bearing the respective signs were from the same or similar
sources.
