It is a derivative

In Biomedis, Inc. v. Abbott Products Operations AG, January 20, 2017 (14-2013-00255), Biomedis, Inc. (“Opposer”) filed an opposition to the registration of the AMPLACAV mark filed by Abbott Products Operations AG (“Respondent-Applicant”) in Class 05 for “pharmaceutical preparations and substances for human use”. The competing marks are provided below:

Screen Shot 2017-06-30 at 1.25.49 PM

The Adjudication Officer ruled that confusion or deception is unlikely to occur despite the fact that the competing marks both have three syllables, as the visual and aural properties of Respondent-Applicant’s mark render it distinct from Opposer’s trademark. While the first two letters (“AM”) and the last two letters (“AV”) of the competing marks are the same, the letters in between Respondent-Applicant’s mark (“PLA”) make it easier for the consumers to distinguish said mark from Opposer’s trademark. Moreover, Opposer cannot exclusively appropriate the letters “AM” and “AV”, as they are derived from CO-AMOXICLAV, an antibiotic used for the treatment of bacterial infections.

Question:

Are the products bearing the AMPLACAV mark used to treat bacterial infections?

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