Trademark

“LEGOCHEM BIOSCIENCES, INC.” VS “LEGO Juris A/S”

There have been a few conflict regarding trademarks of a pharmaceutical company “LEGOCHEM BIOSCIENCES, INC.” and Danish toy company “LEGO Juris A/S”

LEGOCHEM BIOSCIENCES, INC. filed a cancellation trial against International trademark registration no. 1006003 of LEGO Juris A/S and succeeded in cancelling the registration in regards to some of the designated goods in Class 3 including cosmetics as LEGO Juris A/S did not file any evidence of use against the filed cancellation trial.

LEGOCHEM BIOSCIENCES, INC. achieved their purposes in regards to Class 3 with the cancellation trial. However, regarding Class 5 which is more important to LEGOCHEM BIOSCIENCES, INC. as a pharmaceutical company, they could not protect their trademark registration for “” due to trademarks of LEGO Juris A/S.

“” filed in 2015 designating goods in Class 5 including pharmaceuticals was rejected due to its similarity to trademarks of LEGO Juris A/S such as “” and “”. LEGOCHEM BIOSCIENCES, INC. appealed against the decision and succeeded which led to registration of “”. However, LEGO Juris A/S filed an invalidation trial against the registration of “.” Although they failed at the first trial, by succeeding in the second trial, the registration of “” was invalidated.

The decision on the registration of “” has been constantly changed.

It seems that some controversial point of views may remain as to if the co-existence of the mark of LEGOCHEM BIOSCIENCES, INC. designating “pharmaceuticals, etc.” and the marks of LEGO Juris A/S designating “games and playthings” will confuse consumers or not.

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