Trademarks for pharmaceutical products. where does the likelihood of confusion reside?

Trademarks for pharmaceutical products. where does the likelihood of confusion reside?

The process of defining a sign for use in relation to pharmaceutical products becomes a complex task, particularly when it is considered that there are not always defined criteria for the examination of those signs and, surprisingly, the conclusions of the examiners can be diametrically opposed in matters that are practically replicated. These inconsistencies make it more difficult to assess the risks that may be associated with adopting a certain trademark to cover such products. What criteria should the examiner and in the case of a judicial review, the judge apply to evaluate trademarks for pharmaceutical products? How to define “relevant public or average consumer”? Which criteria should be applied in conflicts involving trademarks of medicines for human use and animal use and conflicts between products and signs of class 5 compared to other classes, such as 1, 3 or 10 among others? How to approach the analysis of signs that resemble the “trade dress” in these products? Speakers will present their analysis on criteria included in the doctrine and criteria applied by trademark offices and courts in cases of trademarks for pharmaceutical products, with the aim of sharing guiding elements for the adoption and discussion of signs for these products. This panel will not deal with the prefixes and suffixes of the international common denominations, which will be the object of another presentation.