Amazing enlargement of pharmaceuticals similarity

While holding the marks AZURIL and AZULIB to be similar, the decision of opposition of the OHIM dated June 7, 2010, shows the enlargement of the similarity (and even of the identity) of pharmaceuticals with the other products of class 5.

The OHIM said ‘fungicides’ to be identical to ‘pharmaceutical preparations’ because fungicides comprise antimycotics which have an application in the medical field and fungicidal (pharmaceutical) preparations.


The decision also upheld that ‘preparations for destroying vermins’ are similar with ‘pharmaceutical preparations’ because they are ‘chemical preparations which could be seen as sharing a similar purpose with some pharmaceutical preparations, can be produced by the same undertakings, have the same public, share the same distribution channels’.

The OHIM lastly said that ‘sanitary preparations for medical purposes; dietetic substances adapted for medical use; plasters, materials for dressings; material for stopping teeth, dental wax, disinfectants’ are similar with ‘pharmaceutical preparations’ as they are substances prepared with the purpose of treating or preventing a disease so that their nature and purpose are similar to those of the opponent’s products, the end-users coinciding and all these products being quite often used in combination.

Simply amazing isn’t it? But that is a growing tendency we observed and which needs to be integrated in pharmaceutical IP strategies.

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