Novartis AG opposed an application to register the mark
SKYRIZI for various pharmaceutical preparations,
alleging a likelihood of confusion with its registered mark
IZIRIZE, also for various pharmaceutical
preparations. The parties stipulated that the goods "are
related and overlap in part," and that the trade channels
"will be substantially identical." But what about the
marks? How do you thing this came out? Novartis AG v. AbbVie Biotechnology
Ltd., Opposition No. 91238564 (January 24, 2019) [not
precedential] (Opinion by Judge Lorelei Ritchie).
Strength of Opposer's Mark: Applicant
AbbVie contended that the letter sequence "RIZ" is
entitled to a narrow scope of protection because the term is in
common use in the pharmaceutical industry. Applicant submitted a
list of numerous registrations for marks containing "RIZ"
in Class 5 for "pharmaceuticals," including CARIZAX;
BACTRIZOLE; BRIZO; HORIZANT; OBRIZANDA; ORIZON; PRIZEMBA; RIZAPORT;
RIZIMO; RIZLATET;
