The Vienna Appeal Court decided: The wordmarks “LATANORATIO“and “DORZORATIO“are confusingly similar to “LATANO-VISION“and “DORZOCOM-VISION“ for medicinal products (34R72/14d).

According to the Court, neither “LATANO“ nor “DORZO“ are descriptive or close to the respective INNs: Latanoprost and Dorzolamide.

Although the related fields prevalently consist of physicians, for the question of confusability, the average consumers’ view has to be taken into account, too.

The Judgment does not teach, whether the opponent had filed a survey on the descriptiveness of the “LATANO“ or the “DORZO“-part of the opposed trademarks.

We will observe whether an (extraordinary) appeal to the Supreme Court was filed or not.

Areas of Law

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