Flegamina is a drug well-known in Poland due to its long presence on the market, and it is also widely recognized thanks to its presence in the media. In light of these circumstances, the designation “Flegamina” has n recognized by the Patent Office of the Republic of Poland as a reputable trademark, which means that it has a high degree of recognition among consumers and is associated with specific quality values. And it was this aforementioned reputation of the trademark that became a key argument in the case against the competing designation “Flegamax,” which was found to infringe on the protective rights to the earlier trademark of Flegamina (registered as early as 1977).
As it turned out, the trademark “Flegamax” was also registered in the domestic market. The trademark was filed by Swiss Pharma International AG, based in Switzerland, as early as 2014. The application covered class 5 of goods and services, which mainly related to pharmaceutical products or sanitary products.
The registration of the trademark did not please the owner of the “Flegamina” trademark, i.e., Teva Operations Poland sp. z o.o., which applied to the Patent Office of the Republic of Poland to invalidate the “Flegamax” trademark. In its application, the Polish company raised objections regarding the risk of confusion, infringement of rights to a well-known trademark, and misleading consumers. As evidence, the application included, among other things, a report on consumer perception of both trademarks.
The arguments presented by the Polish company were acknowledged by the Patent Office of the Republic of Poland, which emphasized that the trademark “Flegamax” could attract consumers’ attention due to the element “FLEGAM,” which is the beginning of the well-known trademark “Flegamina.”
Furthermore, the reputation of the “Flegamina” trademark was proven by the applicant, which was significant for the case. The report attached to the application showed that consumers might perceive “Flegamax” as a product related to Flegamina, with a higher concentration of the drug (the addition of “max”), which could lead to undue benefits for the owner of the “Flegamax” trademark due to the existing reputation of “Flegamina.”
As a result, the Patent Office of the Republic of Poland emphasized that the identity of the goods marked with the trademark “Flegamax” and the element FLEGAM, which is part of the well-known trademark “Flegamina,” could attract consumers’ attention, which constitutes an infringement of the rights of the owner of the well-known trademark.
Consequently, in a decision dated February 27, 2024, the Patent Office of the Republic of Poland (case file number Sp. 156.2019) invalidated the protection right for the trademark “Flegamax” due to the infringement of rights to the well-known trademark. However, the decision of the Patent Office of the Republic of Poland is not final, and an appeal for reconsideration of the case can be filed, as well as a complaint to the Voivodeship Administrative Court, which means that this is probably not the end of the dispute.
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