German pharmaceutical mega-player Merck succeeded in challenging CTM “EVIOL” of Greek pharmaceutical/cosmetics company GKAP (also trading as GAP)for vitamin preparations. Just over a year ago, GKAP registered the word mark EVIOL as a CTM in for goods in classes 3 and 5 (vitamin preparations), but the registration in class 5 was not meant to last long. Merck attacked the CTM, claiming likelihood of confusion on the basis of their earlier rights in various EU countries in and to the word mark EVION, in respect of all the goods covered by class 5.

OHIM’s cancellation division found a high degree of similarity between vitamin preparations of the contested mark and the goods of the earlier mark, in particular chemical preparations/products for medical purposes and pharmaceutical preparations, since. According to the decision, the relevant goods are distributed through the same sales channels and outlets, namely pharmacies or health food shops, are of the same nature, namely being preparations, available in the form of pills, capsules, powder or in liquid form and serve in general thesame purpose. As regards the similarity of signs, the aural difference of the ending of the word marks involved, namely “-ON” as compared to “-OL”. However, this difference was regarded “of minor impact on the overall high phonetic similarity”. Accordingly, Merck’s cancellation action was accepted and GKAP is left with EVIOL in class 3. The full decision here.