Likelihood of confusion in pharmaceutical trademarks in Denmark

1
Likelihood of confusion in pharmaceutical
trademarks in Denmark
1st Liaison Meeting on Trade Marks15 and 16
June 2006
2
The two theoretical schools

• Pharmaceutical preparations are often aimed at
  consumers with specialized knowledge
• high degree of similarity.
• It can be damaging to use the wrong
  pharmaceutical preparation
• low degree of similarity.
  

3
Practice of the Danish Board of Appeal

• Low degree of similarity
• The decisive element is the phonetic impression
• Ex. AN 2002 00005 ZYRAL XYZAL

4
Practice of the Danish courts

• High degree of similarity
• Ex. UfR 1998 483 SH NITROVEN NITROMEX
• In relation to prescription drugs the phonetic
  impression is important
• Ex. V112/2002 SH PERTANZA PENTASA
• Ex. V82/2000 SH SELO-ZOC METOZOC

5

• Thank You !