Client
Merz Pharma GmbH & Co. KGaA (Germany), a global pharmaceutical company specializing in neurological therapeutics, aesthetic medicine, and consumer health products — owner of the EBIXA® brand
Opposing client name
KRKA, tovarna zdravil, d.d. (Slovenia), pharmaceutical company and applicant of the trademark ABIXOM
Opposing client counsel (firm and individual)
Not publicly disclosed
Title of case
Merz Pharma v. KRKA – Opposition to the ABIXOM International Trademark in Ukraine
Details of case and your firm’s role in it
Polikarpov Law Firm represented Merz Pharma GmbH & Co. KGaA in opposing the international registration of the trademark ABIXOM (IR No. 1782130), designated for Ukraine in Class 5 and filed by Slovenian pharmaceutical company KRKA. The mark posed a high risk of confusion with Merz’s existing EBIXA® trademarks (including Latin and Cyrillic variants: EBIXA and АБІКСА), which are well-known in Ukraine in the treatment of neurological disorders.
The firm’s role involved assessing the likelihood of confusion, determining the potential for deceptive similarity, and developing a robust legal position focused on both phonetic and visual resemblance. The core argument emphasized the shared dominant root “ABIX” and the negligible distinguishing effect of the suffix “-OM,” particularly in the pharmaceutical market where brand clarity is essential for consumer safety.
Polikarpov Law Firm filed a comprehensive motivated opposition that also demonstrated Merz Pharma’s longstanding global presence, its active use of the mark in Ukraine, and the specific risks that the ABIXOM mark could pose to consumers due to possible misidentification of neurological drugs. The legal team also presented extensive supporting materials, including drug registry data and online pharmacy listings.
Following the filing, the applicant voluntarily withdrew the ABIXOM mark from Ukraine, leading to a successful resolution in favor of the client without the need for further proceedings.
Individuals involved
Anton Polikarpov – Managing Partner, supervised the overall strategy and client coordination.
Anastasia Shevchuk: Senior Associate, primary drafter of the opposition and lead legal analyst.
Industry sector/technology
Pharmaceuticals and therapeutics; trademark enforcement for prescription medicines targeting neurological conditions
