In Judgment T- 222/10, the General Court upheld the finding of likelihood of confusion between word marks ZUFAL and ZURCAL for identical goods in Class 5. It confirmed that the signs have a medium degree of visual similarity, only differentiating with the middle letters, and at least for the German-speaking public, have a medium degree of aural similarity. There is no conceptual comparison possible.

The applicant’s request for limiting the list of goods from ‘pharmaceutical products’ to ‘pharmaceutical preparations containing the active ingredient Tamsulosin’ was rejected because the additional specification did not allow to distinguish concretely the pharmaceutical goods.