17 April, 2014
Spruson

Sanofi-Aventis Healthcare Pty Ltd v Russian Federation [2014] ATMO 32

Sanofi-Aventis Healthcare Pty Ltd v Russian Federation [2014] ATMO 32

MICRO differences between marks.

 

This matter concerned an opposition to register a trade mark filed by a health department within the government of the Russian Federation (reproduced below).  The mark was opposed by Sanofi-Aventis.

microgen

The trade mark applicant did not take any step in the proceeding. The only ground of opposition that was necessary for consideration was that of section 44 that the trade mark was substantially identical with or deceptively similar to a trade mark of an earlier registration or application (both below).

microgenics   ‘MICROGENICS’

To whether the marks were similar, it was held that the marks resembled one another to the extent that the registration of the applied for mark was likely to cause confusion.

The fact that the applied for mark also contained a Cyrillic (Russian) language component was not sufficient to distinguish this mark, as the reader is likely to have identify and pronounce “MICROGEN”, which was enough to give rise to confusion.

To view the Office decision, click here.

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