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MONDAY, 21 JUNE 2010
KREMEZIN too close to KRENOSIN for pharma goods, rules General Court
Last Wednesday, in Case T-487/08 Kureha Corp v OHIM, the General Court of the European Union upheld the decision of the Board of
Appeal decision that there was a likelihood of confusion between the word KREMEZIN, which Kureha applied to register as a Community trade mark for pharmaceutical products for the treatment of renal disease (Class 5) and Sanofi-Aventis SA's earlier international mark KRENOSIN, covering Italy and registered in respect of pharmaceutical preparations for the treatment of the heart.
The General Court held that the respective pharma products were merely similar, not (as
the Board of Appeal had found) highly similar. However, there was a high level of
visual and phonetic similarity between the marks and that, since neither word meant anything to the relevant Italian public, the marks were
highly similar. The fact that the relevant public might display a high level of
attention was insufficient to exclude a likelihood of confusion between the
marks.
Posted by: Jeremy Phillips @ 08.47
Tags: likelihood of confusion, |
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