On September 10, 2008, the CFI denied similarity between the marks BIOVISC on the one hand and DUOVISC and PROVISC on the other hand, for ophthalmic products.
The public was considered to be mostly professionals. The Court found that the slight difference between BIO and DUO or PRO was sufficient to prevent them from confusion.
The suffix VISC has also been regarded as hardly distinctive since it evocates viscosity which is an important element in the goods concerned.

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