Walgreen Co. Can't Trademark Store-Brand Zyrtec

Law360, New York (February 13, 2013, 8:41 PM EST) -- The U.S. Patent and Trademark Office has rejected Walgreen Co.'s bid to sell its store-brand version of the allergy drug Zyrtec under the name Wal-Zyr, rejecting the retailer's survey evidence showing minimal confusion between the two brands.

Walgreen applied for a trademark on the term in September 2007, saying that it planned to use the name to market "pharmaceuticals, namely allergy medications." Wal-Zyr, the retailer said, is sold on store shelves in close proximity to Zyrtec.

The USPTO's Trademark Trial and Appeal Board sustained Zyrtec maker...
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