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Jan 22, 2010
Franck Soutoul, Inlex IP Expertise, France
Jean-Philippe Bresson, Inlex IP Expertise, France


Large similarity applied in class 5 while upholding CIC...


Franck Soutoul, Inlex IP Expertise, France, Jean-Philippe Bresson, Inlex IP Expertise, FranceOn November 11, 2009, the European Court of First Instance ruled a likelihood of confusion between the marks CICATRAL and CITRACAL and upheld a similarity between “dietary supplements” and “healing salves”. A new step as to a possible enlarged of the similarity between products belonging to class 5 was performed at this occasion.

On July 6, 2000, Bayer Healthcase LLC, filed the word Community trademark for CITRACAL in respect of “dietary supplements, including dietary supplements inclusive of calcium salt” in class 5. Uriach-Aquilea OTC SL lodged an opposition based on its Spanish trademark for CICATRAL covering “pharmaceutical products and specialties of all types” in class 5. The applicant requested evidence that, during the period of five years preceding the publication date of the contested trademark, the earlier mark had been genuinely used in Spain.

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