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.
In summary, a higher degree of similarity of trade marks may prevail over a low degree of similarity of goods.
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