Bayer registered the name Gadovist for radiological contrast products. When Agfa Healthcare Imaging Agents files the trademark GadoGita for the same goods Bayer starts an opposition. The beginning of the trademarks GADO refers to gadolinium, the chemical solution used in contrast products. Policy is that the used stems are descriptive so that many comparable trademarks may coexist.
The Swiss authorities decided differently, however. Many contrast products on the basis of gadolinium are sold under different trademarks (without the element GADO). It is therefore no certain fact that GADO stands for ‘gadolinium’. Consequence is that the trademarks are deemed similar and the opposition is granted. Whether this will be the new standard in such cases remains to be seen.
When assessing a trademark’s descriptiveness one should also take future use into account. The decision therefore seems to be drawn a bit too easy. (Source image: Bayer)pharma
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