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CLASS 46


Now in its twelfth year, Class 46 is dedicated to European trade mark law and practice. This weblog is written by a team of enthusiasts who want to spread the word and share their thoughts with others.

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Anthonia Ghalamkarizadeh
Birgit Clark
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Christian Tenkhoff
Fidel Porcuna
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Markku Tuominen
Niamh Hall
Nikos Prentoulis
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TUESDAY, 2 AUGUST 2011
ZUFAL v ZURCAL

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.

Posted by: Laetitia Lagarde @ 10.46
Tags: General court, likelihood of confusion, zufal, zurcal,
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