This decision came to affirm a previous one in which we acted for French pharmaceutical company Hoechst Marion Roussel (subsequently called Aventis Pharma). This decision considered the trademarks ROLICIN, ROMYX, ROXICIN, ROXITED and ROMYCIN similar to (INN) ROXITHROMYCIN.

In December 1999, a local pharmaceutical company had applied for the registration of “PROXETINE” is similar to the generic name PAROXETINE, and anti-depressant product developed by SmithKline Beecham and marketed under the commercial name “SEROXAT”.

Our opposition was filed on the basis that:

1. PAROXETINE is an INN and “PROXETINE” is similar to it.
2. Resolution issued by World Health Organization (WHO) recommending to state members not to register Non-Proprietary names, or names that are confusingly similar to Non-Proprietary, as trademarks.
3. The registration of “PROXETINE” will jeopardize the safety of patients.

This fact was supported by affidavits from local pharmacists who confirmed the likelihood of confusion that could arise when dispensing such medicines, especially since the two names are closely related in tone, form and use.

The Registrar approved to the points raised in our opposition and issued his decision to reject the application for “PROXETINE”.

This decision is subject for appeal at the Supreme Court within 20 days from the date of notification, and any developments will be circulated to you as they take place.