FRIDAY, 7 OCTOBER 2011
Portugal: IMUNID vs. IMMUNIQ
The Lisbon Commercial Court (first instance) has revoked an INPI decision which had rejected the registration of the Portuguese Trade Mark "IMUNID" due to the existence of likelihood of confusion with the previous Community Trade Mark "IMMUNIQ", both referring to "Dietetic substances adapted for medical use".
The said decision states that, although there is coincidence between some of the letters in the opposing signs and the consumer will probably associate both signs with the word "immunity", the use of a double "M" in the "IMMUNIQ" trade mark as well as its "Q" termination result in an overall different visual and phonetic impression and, as a result, are capable of clearly removing any likelihood of confusion between the signs.
Posted by: Pedro Malaquias @ 11.53
Tags: Portugal, Similarity, Court Decision,