Comparison of trademarks with matching prefixes and suffixes

The OHIM has recently issued a couple of decisions of Opposition showing a tendency of the Community practice to rule trademark similarity when the signs retrieve the same starting and endings couple of letters. These decisions took no account of how the medium elements of the mark affect / modify the overall appearance of the signs, of the difference of rhythm and, when applicable, of the eventual meaning that may be inferred by components of the marks.

The trademarks CIPRALEX and CIVANEX (Opposition No. B 1 313 594), TRINALION and TRIPLION (Opposition No. b 1 185 511) and VERANEX and VENIMEX (Opposition No. 1 326 224) have all been found to be similar by the OHIM.

Does anybody remember that not so long ago, the OHIM decided that LOVENOX and LOTEROX were dissimilar trademarks because the public would perfectly identify, know and understand the English word “Love”? This is one decision that now seems to rather belong to a past practice…


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