Bristol Myers Company vs The Director

of Patents and American Pharmaceuticals

Inc.
G.R. NO. L-21587 MAY 19, 1996
Bristol Myers Company
“Bufferin”
- Antacid analgesic intended for relief in cases
of simple headaches, neuralgia, colds,
menstrual pain and minor muscular aches
United American Pharmaceuticals Inc.
“Bioferin”
- antihistamic, analgesic, antipyretic with
vitamin C and Bioflavenoid used for common
colds, influenza and other febrile diseases
with capillary hemorrhagic tendencies
Bristol Myers Co. on Jan 6, 1959 filed an
opposition to the application of United
American Pharm
Bufferin Bioferin
- TM in the USA on Nov 4, 1952 - Filed on October 21, 1957
- First used in the PH on May 13, 1953 - First used in the Ph on Aug 13, 1957
- TM in PH March 3, 1954
Issue: W/N the trademarks BIOFERIN and
BUFFERIN as presented to the public in
their respective labels confusingly similar?
HELD: No
Relevant Factors BIOFERIN BUFFERIN
Shape & Size of Label Rectangular, about 3-3/4” 2- Rectangular, 3-3/4” 1-1/4”
1/4”
Color of Label Predominantly Yellow Predominantly Whiter
Color background of word- Olive-green Blue
mark
Over-all Layout At the top center-word At left side of label – Wood-
mark :BIOFERIN”, below it mark “BUFFERIN” with
are contents of medicine, “Bristol Myers Co.. New
arranged horizontally; at York, N.Y.” below at right
bottom, center, “United side, contents, indications
Pharmaceuticals, Inc” in dosage are grouped together,
olivegreen background. At printed perpendicularly
left saide – dosage, printed
perpendicularly; at right side,
indications. Also
perpendicularly printed
Form of product Capsules – 50 capsules Tablets – 36 tablets
Prescription “to be dispensed only by or No such statement
on the prescription of a
physician