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Pharmaceuticals – not like other trademarks

A pharmaceutical company was allowed to keep the trademark Tolposan although there is an existing product on the market called Tonopan. The General Court believed that consumers would be able to distinguish between the two products.

When choosing a name for a drug, other companies’ trademark rights must be respected. That much is obvious. But how much can two trademarks resemble each other in the case of drugs for consumers? This question was clarified by this ruling.

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