Germany:
German Court Holds That Umbrella Trademarks Are Permissible For Some Pharmaceutical Products
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Last month, the German Federal Administrative Court issued a
decision holding that, under certain circumstances, umbrella
trademarks may be used for a portfolio of pharmaceutical products
with different active ingredients where the products are labeled in
the same indication and have a similar mode of action. However,
whether physicians and consumers are misled by an umbrella, or
common, trademark for products with different active ingredients
must be decided on a case-by-case basis.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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