Greek trademarks committee rules GSK and GMK are dissimilar

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2025

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Greek trademarks committee rules GSK and GMK are dissimilar

Sponsored by

patrinos-logo.png
Trademark Registration Concept

Evangelia Sioumala of Patrinos & Kilimiris suggests some of the reasoning applied in a decision by the Greek Trademarks Administrative Committee is not in line with settled EU case law

In a recent opposition brought before the Greek Trademarks Administrative Committee (TAC), which is the competent body to decide on oppositions, the TAC considered whether a trademark, below right, seeking registration in classes 5 and 10 is confusingly similar to an earlier trademark, below left, registered in the same classes.

Patrinos.JPG

In its judgment in January 2024, the TAC made reference to settled EU case law; according to which, the overall assessment of the likelihood of confusion must be based on the overall impression given by the marks being compared, bearing in mind, inter alia, their distinctive and dominant elements (C-342/97, Section 18, and C-251/95, Section 22).

Nevertheless, even though the TAC found that the dominant wordsof the trademarks compared (“GSK” and “GMK”) are almost identical in that they consist of three letters, two of which are identical and reproduced in the same order, it concluded that they are not confusingly similar, as the addition of the word “medical” and a cross to the contested trademark suffice to exclude the likelihood of confusion.

Apparent points of divergence with settled EU case law

The ruling does not seem to be in line with settled EU case law; according to which, the difference in a single letter does not constitute a visual and aural difference in marks consisting of only three letters, two out of three of which are identical and in the same order (T-388/00, Sections 66–71).

Furthermore, by ruling that the addition of the word “medical” differentiates the trademarks, the decision contradicted settled EU case law; according to which, the word “medi” or “medical” is not capable of distinguishing goods in the pharmaceutical sector. In addition, the meaning of the word is immediately perceptible to the Greek consumer. The decision also ignored the fact that the presence of a cross is commonplace in the health sector and has become established for the identification of medical products.

With regard to the similarity of the products, although the TAC stated that both trademarks covered products in classes 5 and 10, it concluded that the opponent company operates in the field of medicines and vaccines, while the applicant markets medical devices, thus they are two undertakings with different activities and geographical coverage. The above reasoning is contrary to settled case law that geographical origin is not relevant for the finding of similarity of goods or services.

Finally, the TAC ruled that due to the nature of the products concerned (pharmaceuticals), the degree of attention of the relevant public is high, again contradicting settled case law (T-323/14, Section 77, and C-342/97, Section 18) that the relevant public’s level of attention being high is not, in any event, sufficient to rule out the likelihood of confusion.

The decision can be appealed, and it remains to be seen whether the above reasoning of the TAC will survive a more thorough examination by the higher competent body.

more from across site and SHARED ros bottom lb

More from across our site

Jan Phillip Rektorschek, founding partner at Pentarc in Germany, explains why the firm broke away from Taylor Wessing and discusses its plans for staying competitive
Royal Mail Group wins copyright and database right infringement case, in a dispute that can be linked to the history of postcodes in the UK
Managing partner Mark O’Donnell explains why people are at the centre of the Australian outfit’s investment focus and how being independent benefits the firm
IP is becoming one of the most significant drivers of major deals, and law firms are altering their practices to reflect the change
In the second in a new podcast series celebrating the tenth anniversary of IP Inclusive, we discuss IPause, a network set up to support those experiencing (peri)menopause
Firms are adapting litigation strategy as Brazil’s unique legal system and technical expertise have made preliminary injunctions a key tool in global patent disputes
A ruling on confidentiality by the the England and Wales Court of Appeal and an intervention from the US government in the InterDigital v Disney litigation were also among top talking points
Moore & Van Allen hires former Teva counsel Larry Rickles to help expand the firm’s life sciences capabilities
Canadian law firms should avoid ‘tunnel vision’ as exclusive survey reveals client dissatisfaction with risk management advice and value-added services
In major recent developments, the CoA ruled on director liability for patent infringement, and Nokia targeted Paramount at the UPC and in Germany
Gift this article