EUIPO Rejects Opposition to 'Vita' Mark in Pharma Case

The European Union Intellectual Property Office Board of Appeal has rejected an opposition filed against a trademark application for the mark 'Vita' in relation to pharmaceutical preparations. The opponent argued likelihood of confusion with an earlier mark but failed to establish sufficient similarity in the goods and services. The decision clarifies the assessment of similarity between marks and goods in the pharmaceutical sector.

The ruling emphasizes that visual, phonetic, and conceptual differences can outweigh similarities when the relevant public is attentive. No evidence of actual confusion was presented. The applicant may now proceed with registration.

This outcome aligns with prior EUIPO practice on marks in the health sector where consumers exercise higher care.

Sources: https://euipo.europa.eu https://ipwatchdog.com