Confused? Non Really; Lament For Lost Generics
Likelihood of confusion? Or mere possibility? Yesterday the Court of First Instance of the European Communities (CFI) gave its ruling inwards Case T-154/03 Biofarma SA v OHIM, Bausch & Lomb Pharmaceuticals, Inc intervening . B&L applied to register equally a Community merchandise score the give-and-take score ALREX, for 'ophthalmic pharmaceutical preparations, namely amount drops, solutions, gels in addition to ointments used for the handling of amount infection in addition to inflammation’ (Class 5). Biofarma opposed, citing its before registrations of the give-and-take score ARTEX inwards France, the Benelux in addition to Portugal for 'pharmaceutical speciality used inwards the cardiovascular field; pharmaceutical, veterinarian in addition to sanitary products; textile for stopping teeth, dental wax’ (also inwards Class 5) in addition to alleging a likelihood of confusion. The Opposition Division upheld the opposition on the footing that both the marks in addition to...