Does the intellect still prevail?

The OHIM tendency to give prevalence to the intellectual aspect has been further observed in the case GENOPHARM vs./ HEMOFARM of October 18, 2007. Apart from the oral difference and the average visual similarity, the OHIM deemed that the suffixes FARM and PHARM were extremely weak. Whereas in biology GENO evokes the smallest unit of an organism, according to the Examiner HEMO refers to bloodproducts.

The Office consequently ruled an overall dissimilarity by eluding the shared elements “ENO” and “EMO”. The weight of intellectual comparison is a recent but stable tendency at the OHIM. For instance on October 18, 2007, the marks OFTASIL vs./ OFTACILOX were regarded as similar even if the Boards of Appeal regarded the prefix OFTA as referring to ophthalmic properties or products.

Laisser un commentaire