Sometimes, the fact that the products belong to the same international class is not enough to establish their intended use.
In International Class 5, it is common to find trademarks with some degree of similarity, given their composition and purpose, as the coincidence of prefixes and suffixes in the medical field is normal.
As was the case in this case, with KCONVAC and CONVAVAC, the first impression suggested that the trademarks were similar. However, due to the specificity of the products they were intended to identify, it was clear to the Trademark Office that they could coexist peacefully in the market.
In cases like this, common sense comes into play. Since the previously registered trademark was intended to identify vaccines, it is very difficult for genuine confusion to arise. Due to the manipulation and specificity of the vaccination activity, there is no possibility that someone would mistake a vaccine for a bandage.
This led the examiner to understand that these were two different scenarios and two completely unrelated markets.
This wise decision allowed the registration of the client’s trademark.