Lingbei Company is a pharmaceutical company specializing in nervous system and mental diseases. In 2002, (plaintiff) Lingbei Company introduced a new drug named "EBIXA" in Chinese and registered its trademark. Subsequently, this new drug entered the pharmaceutical market in more than 60 countries around the world, and was approved by the US Food and Drug Administration in 2006 and officially entered the China market. On June 28th, 2006, 65438+20061October 28th, the trademark of "Yibeishen" was registered, and it was approved to be used in the fifth category of "pharmaceutical preparations" in the international classification, and it was recommended as the first choice for the treatment of Alzheimer's disease.
(Defendant) The federal company applied to the Trademark Office of the State Administration for Industry and Commerce for the registration of the trademark "Yi Bei Qing" in this case on June 22, 2008, and it was approved for registration on September 7, 2065, and approved for use on products such as memantine hydrochloride tablets. At this time, the patent of memantine hydrochloride developed by Lingbei has just expired.
Lingbei Company subsequently filed a lawsuit in court, requesting the court to order the registered trademark review and adjudication board to declare the trademark right of "Yi Bei Qing" invalid.
The court held that there was only one word difference between "Yi Bei Love" and "Yi Bei God", and they were highly similar in word composition, pronunciation and meaning. Moreover, the scope of use of the two trademarks is used on the same commodity, and their functions, uses and sales channels are consistent, which easily reminds the relevant public of the registered trademark of Lingbei Company.
The use of confused and similar registered trademarks by federal companies on generic drugs successfully developed after the expiration of the original research drug patent can easily mislead relevant consumers and make them mistakenly think of the series of products provided by the original research drug factory. When there are some differences in efficacy and side effects between generic drugs and original drugs, the confusion of drug sources will lead to the damage of the interests of the relevant public.
Therefore, the trademark "Yi Bei Qing" is judged invalid. The Supreme People's Court said in the (20 15) executive word No.1 administrative ruling. 1 16: "In the case that the cited registered trademark has such high distinctiveness and popularity, the scope of approximate trademark should be wider than that of ordinary registered trademark, and competitors in the same industry should also have higher duty of care and avoidance." (Source: China Intellectual Property Information Network)
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