Nicky Noky; To A Greater Extent Than On Alrex/Artex

posted a spider web log on Case T-154/03 Biofarma v OHIM, Bausch & Lomb intervening. He has instantly received this comment from a well-informed if anonymous source:

"I mean value yous missed the indicate of the Alrex/Artex case. It should last remembered that both products are solely sold nether prescription. Therefore it would appear that the relevant world is a specialised public, trained to distinguish pharmaceutical merchandise marks, equally pointed out past times the Board. However, to the reverse of what yous said, the CFI referred non solely to the specialists, exactly also, inwards paragraph 45, to the full general world - since end-users would accept the products at home. Therefore likelihood of confusion had, according to the CFI, to last measured inwards sentiment of the possible consumer, although that somebody has no influence on the selection betwixt unlike products (function of origin).

But why should the halt consumer last relevant, if world wellness reasons are non component of the relevant considerations as well as if he does non accept the conclusion which production to buy? Or to plow the query around: pharmaceutical merchandise marks fit to a the world of its own. They are as well as thus hard for the full general world to remember. Most of them volition last easily confused past times the halt consumer. So, inwards the future, hardly whatever novel merchandise rank application volition popular off the examination of likelihood of confusion?"

agrees that the seat of the end-consumer would last hard to foursquare alongside the relevant considerations of merchandise rank constabulary if he had no input on the purchasing conclusion of the chemist or physician. However, end-users produce influence purchasing decisions: they inquire for products because their friends or relations have got previously taken them successfully, or they inquire non to have got them prescribed because they produce non similar them as well as react adversely to them.