Cancellation win for Bayer AG over FLANAX registration leaves Belmora without relief

The Board’s decision leaves several interesting open questions for trademark practitioners to ponder

Bayer AG has long sold its ALEVE brand pain reliever under the FLANAX trademark outside the United States. That includes in Mexico, where Bayer owns a Mexican registration for FLANAX for pain relievers. Its FLANAX analgesic has been sold in Mexico since 1976 and ranks as the country's top-selling pain reliever.

Belmora LLC registered FLANAX in the U.S. in 2004 for use in connection with “orally ingestible tablets of Naproxen Sodium for use as an analgesic” that Belmora was selling in the U.S. Bayer recently moved to cancel Belmora’s registration at the Trademark Trial and Appeal Board (TTAB), arguing that Belmora’s use of FLANAX here in the U.S. was a “blatant” attempt to confuse Latin American consumers.

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Scott Slavick

Scott Slavick is a shareholder at Brinks Gilson & Lione, where his practice focuses primarily on trademark prosecution and trademark litigation. Scott maintains all aspects...

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