Bayer Fortifies Branding In OTC Naproxen Market With Win In Trademark Litigation

Bayer convinces federal court to affirm USPTO appeal board decision to cancel competitor Belmora’s Flanax US naproxen product trademark because the firm used packaging that resembled a Bayer product with the same name sold in Mexico. The ruling could provide standing for owners of foreign marks to assert priority rights over similar US marks, according to a patent attorney.

Bayer AG gained some protection for its OTC naproxen brands in both the US and in Mexico as a federal court upheld a US Patent and Trademark Office board's ruling that a competitor's US trademark for a product marketed to Hispanic consumers too closely resembled one Bayer has for a similar product in Mexico.

Judge Claude Hilton on Sept

The USPTO board had found that not only did the firms' naproxen products have the same Flanax brand but that Belmorsa’s early packaging for its product copied Bayer’s product that has been available for a longer period in Mexico

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