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Divided TTAB Panel Finds "ALAVERT" and "WAL-VERT" Confusingly Similar for Antihistamines

A divided Board panel sustained Wyeth's opposition to registration of the mark WAL-VERT for "antihistamines and allergy relief preparations," finding it likely to cause confusion with Opposer's registered mark ALAVERT for allergy relief and antihistamine preparations. Although Walgreen sells its WAL-VERT product only in its own stores, in packaging that bears the Walgreen house mark and displayed on store shelves next to the ALAVERT product, the panel majority was constrained to consider Walgreen's mark and goods as stated in its application, without any such real-life restrictions. Wyeth v. Walgreen Co., Opposition No. 91165912 (August 5, 2008) [not precedential].ALAVERT and WAL-VERT are chemically identical (loratadine being the main ingredient)...continue to full post

Full post as published by The TTABlog on August 20, 2008 (boomark / email).