The team of IP Consulting represents “NATURPHARMA BULGARIA” EOOD and wins opposition in Romania, with Decision of the State Office for Inventions and Trademarks (Oficiul de Stat pentru Invenții și Mărci) from 19.08.2020, regarding trademark “ALLERSOL”.
Trademark “ALLERSOL”, M 2019 09251 is applied on 31.12.2019 for the goods and services in Classes 3 and 5. The opponent – SC FITERMAN PHARMA SRL filed an opposition against the trademark for all the goods and services based on the earlier mark “Alle” MN nr. 090514, registered for Classes 3, 5, 10, 30.
The assessment of similarity or identity between the signs is always made based on their vision, sound and meaning. In addition, the similarity between the products and services offered by the two brands is also assessed. In the present case we have a similarity of the goods and services of Classes 3 and 5. However, the visual impression that the brand leaves on the customers is different from that of the earlier brand, due to their different graphic representation. Also, the pronunciation and meaning are neither identical, nor similar.
Considering all of the facts, the State Office for Inventions and Trademarks (Oficiul de Stat pentru Invenții și Mărci) finds that there is no likelihood of confusion between the trademarks, although the products they provide are similar.
“Sure, they concluded that from a visual, phonetic and conceptual point of view, the brands are different, due to the graphics, pronunciation and overview transmitted to the consumer. And so, even if the protected products are similar, the signs of conflict are sufficient differently that there is no possibility of confusion between brands.”