• Opposition to SAUFLON in Class 5 on basis of SOFLENS in class 9
Bausch & Lomb Incorporated v. MoCI & Al- Abdul Aziz Al-Hiraishi Trading Est.Judgment No. 122/d/e/1 – 1425 AH, case No. 1550/1/q – 1425 AH
If the applied-for trademark is visually similar to a prior trademark registered in a different class, registration shall be denied if the class of the applied-for trademark includes some goods covered by the class in which the opponent’s or the interested party’s trademark is registered. This is because the identity of goods and similarity of trademarks, along with the difference of sources and quality will definitely cause harm to the party which had first owned, used, and publicized the trademark in question. Moreover, Such situation involves exploitation of the good will of the prior registered trademark as well as deception of consumers who may not be capable to recognize the subtle differences between the two trademarks and goods. Therefore, the difference of classes, in the presence of overlapping goods, is of no effect.
Established principle: difference of classes is of no effect if goods are overlapping.