PHARMINLEX Comparison of trademarks: XALATAN vs./ KALFATAN

The comparison of the signs was not an easy task to go through in this case. The Opposition Division of the OHIM held the marks to be similar to a medium degree on the visual and aural levels. They had the same length and coincided in most of their letters and syllables.

That was quite a borderline case in our view. So what brought the OHIM to say in the end that there was a likelihood of confusion on the part of the public? Nothing is specifically and directly said in the decision including when making the global assessment. We believe that the fact that most of the products were found to be identical played a great role in the decision. Congrats to PFIZER HEALTH AB (the Opponent) on this one!

image xalatan 2






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