Dismissal of the Application to Cancel the Trademarks "CELECAIN", "CELECAINA" and "CELECAINE"

Facts

Aktiebolaget Astra, an internationally renowned Swedish pharmaceutical company, is the owner of the word mark "XYLOCAIN" registered in Switzerland. The pharmaceutical company Cilag A.G. subsequently registered the trademarks "CELECAIN", "CELECAINA" and "CELECAINE" for local anesthetic medicines. Aktiebolaget Astra then filed a lawsuit to have Cilag A.G.'s trademarks declared illegal and to prohibit their use, on the grounds that they create a risk of confusion with its "XYLOCAIN" trademark.

Considerations

The Federal Tribunal considers that, with regard to the use of the trademarks for prescription-only local anesthetics, the risk of confusion must be assessed taking into account the fact that the end consumers are healthcare professionals. They have a higher level of discernment than the general public, which reduces the risk of confusion between the "XYLOCAIN" and "CELECAIN" trademarks. The differences in word length, letters used and vowel sounds are sufficient to distinguish them.

Regarding the use of the "XYLOCAIN"…