ZYDENA vs. ZIDONYL
Our client, DONG-A PHARMACEUTICAL CO., LTD, a Korean company, filed the trademark application ZYDENA in the United Arab Emirates (UAE) , filing No. 84077 dated 12 August 2006, in Class 5 in respect of Pharmaceuticals and medicine for the treatment and behavior of sexual dysfunction; Pharmaceuticals and medicine for sensory organs; Pharmaceuticals and medicine for the central nervous system ; Pharmaceuticals and medicine for the urogential organs; Pharmaceuticals and medicine for the circulation.
The above application was published on 9 September 2007.
Al Khalij Company for Pharmaceutical Industries opposed the above application based on confusing similarity with its trademark ZIDONYL, and claiming that both marks are in the same class, and this will give the impression to the public of a connection between them.
After several hearings and a full trial, a Decision was made in favor of our client and rejected the opposition for reasons stating that the similarity between both trademarks is not sufficient to confuse the public.