PROFIL refusal overturned

The Administrative Court of First Instance of Athens has overturned a Trademark Committee decision to refuse registration of PROFIL for goods in Class 5 of the Nice Classification (Case 11818/00).

Rhone Poulenc-Agro, a French company, filed a trademark application with the Trademark Committee for PROFIL for preparations for destroying vermin, fungicides and herbicides in Class 5. The Trademark Committee refused registration on the grounds that it was similar to the prior registered trademark PROFILATE for goods in the same class owned by the German company Alpha Therapeutic GmbH. Rhone Poulenc-Agro appealed.

The Administrative Court of First Instance of Athens reversed the decision and allowed registration of the mark. It reasoned, among other things, that the 'ate' suffix in the PROFILATE mark meant that it could be differentiated from Rhone Poulenc-Agro's PROFIL mark.

The court further held that the goods sold under the PROFIL mark are specialized and thus the relevant consumer market has specialized knowledge. This was deemed sufficient to eliminate any risk of confusion.

Eleni Lappa, Dr Helen Papaconstantinou & Associates, Athens