Court Affirms Rejection Of "Aspirina" Mark

Law360, New York (May 25, 2007, 12:00 AM EDT) -- A federal appeals court panel has affirmed an examining attorney’s decision to deny Bayer AG’s “Aspirina” trademark in the United States.

In a 2-1 decision handed down Thursday, the U.S. Court of Appeals for the Federal Circuit agreed that Aspirina meant aspirin in Spanish, and that the proposed mark was therefore merely descriptive for analgesic goods.

“The appearance and meaning of Aspirina and aspirin are similar,” Judge Kimberly Moore wrote for the court. “Adding an ‘a’ to aspirin results in virtually no distinction with respect to...
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