In the context of a counterfeiting action involving the marks TRICOR and PRICOR, the Court of First Instance of Paris has first stressed that pharmaceutical products with different therapeutic aims remained identical considering these products have the same nature, same overall purpose, same consumers and same distribution channels. This is perfectly in line with the …
French Courts link level of care to doctor prescription Lire la suite »
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 …
Amazing enlargement of pharmaceuticals similarity Lire la suite »
Just published is a decision of the Court of Appeal of Paris dated March 19, 2010, which considered that the mark VISIOTONIC shown below was distinctive for products of classes 5 and 10 and in particular for ‘pharmaceutical, veterinary and hygienic products; dietetic substances for medical use; chirurgical apparatus and instruments; artificial members, eyes and …
In The General Court has raised three interesting aspects in its decision of yesterday (case T-487/08) which dealt with the opposition involving the CTM application for KREMEZIN and the earlier WIPO trademark KRENOSIN. The earlier mark covered ‘pharmaceutical, veterinary and sanitary product’ in class 5 and was under use obligation. When replying to the request …
Interesting findings in yesterday’s General Court decision Lire la suite »
The OHIM has upheld that there was no risk of confusion between the CTM application for OPDREXNW (displayed below) and the earlier French word trademark for OPTREX. The CTM was said to present some significant graphic aspects which had no equivalent in the earlier mark such as the division of OPDREXNW in various segments through …
Comparison of trademarks: OPTREX and OPDREXNW & device Lire la suite »
OHIM upheld the contested CTM application for FEMAGRO (displayed below) and the earlier opposed Community word mark FEMARA to be confusingly similar. The contested application particularly covered “pharmaceutical products for female sexual dysfunction”. Use of FEMARA (submitted to use obligation) was evidenced in respect pharmaceutical against breast cancer… The OHIM considered that although “FEM-” alluded …
Comparison of trademarks: FEMAGRO & device vs./ FEMARA Lire la suite »
The Opposition Division of the OHIM issued on May 12, 2010 a decision involving amongst other the CTM registration No. 1999481 for BOTOX which was opposed against the BOTOXINA complex sign below. The OHMI was convinced by the evidences filed (witness statement, annual reports, press clips, Courts decisions, extracts from dictionaries inter alia) that BOTOX …
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 …
PHARMINLEX Comparison of trademarks: XALATAN vs./ KALFATAN Lire la suite »
OHIM Cancellation Board – February 2010 – PARAZEET The OHIM was ceased of a cancellation demand against Community trademark PARAZEET n° 1358027 registered in class 5 especially for “preparations for destroying vermin; antiparasitic preparations, parasiticides, fungicides, herbicides, etc” The ground invoked was the non distinctiveness as the term PARAZEET could be pronounced PARASITE by French …
PARAZEET recognized distinctive for antiparasitic goods for French consumers Lire la suite »
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 …
Comparison of trademarks with matching prefixes and suffixes Lire la suite »
