What is the difference between Vagisil and Vagisan?

What’s covered?

Vagisil is a cream readily available at pharma stores and supermarkets. The cream is used to relieve any itching or irritation around the female genitals. It is meant only for external use and is widely recognised for providing instant relief. The Vagisil medicated cream is an age-restricted product not to be used for those aged 12 years or under. If symptoms persist for more than one week, a doctor should be consulted.

Vagisan is a moisturising cream to immediately relieve intimate itching and further irritation. This product is intended to provide fast relief as it creates a cooling barrier to soothe irritation. Since this is a hormone-free cream, it can be used with other medicines. It also speeds up natural healing. It is a must that you should read the enclosed leaflet for learning more about the active ingredients in the products if you have any allergies or experience hypersensitivity.

Dispute between Trademark

Suppose you've made efforts to develop a new trademark or defend your own. In that case, you might have encountered the legal standards of essentially similar or likely to cause confusion, which is then used to determine whether a trademark can be registered or violates current third-party rights.

What is the Difference Between Vagisil and Vagisan

Comparison of the two marks side-by-side has been the accepted method for determining whether or not two trademarks are identical for many decades. Nevertheless, the criteria for misleading likeness requires more serious thought because its extent is not as apparent.

On the positive side, this ongoing conflict offers insight into determining if a trademark is likely to confuse the other.

In conclusion, the Court ruled that each mark must be viewed as a whole when comparing them. This section explains why.

Dr August Wolff GmbH & Co. KG Arzneimittel submitted a request for VAGISAN regarding class 3 items comprising soaps and cosmetics. Class 5 commodities include pharmaceuticals and medical sanitary products.

On the other hand, VAGISIL is the trademark of Combe International Ltd. This business offers a variety of personal cleansers, wellness, and personal care products. This includes those in classes 3 (medicated lotions and creams) and 5 (medicated products for feminine use; vaginal lubricants; medicated creams, gels, lotions).

Other backgrounds and concerns:

Combe International manufactures female wellness items under the well-established Vagisil trademark. The defendant, Dr August Wolff, developed Vagisan cream in the United Kingdom in 2013. However, he brought forward his advertising campaign in 2016 with a series of public television advertisements. Both Vagisil and Vagisan were available at Boots.

The case was then activated:

Whether the word "Vagi" describes or indicates vaginal healthcare items.

Whether Combe approved of Dr Wolff's usage of Vagisan for five years.

The High Court's ruling

The High Court has rendered its decision complete in a trademark dispute involving feminine hygiene goods (Combe International v. Dr Wolff). The Court determined that Dr Wolff's use of the mark VAGISAN infringed the Claimants' trademark VAGISIL based on the possibility of confusion. Dr Wolff had indeed intended to rename it as DR. WOLFF'S VAGISAN. Still, the Court determined that this would also constitute trademark infringement.

Although the High Court denied the right to appeal to the Court of Appeal, the ruling requiring Dr Wolff to rename has been maintained until the further result of its petition for filing an appeal to the Court of Appeal. Notably, substantial proof of individual customer confusion between the competing signs was shown to the Court, allowing it to rule in favour of the Claimants.

The Court further disregarded the Defendants' claim that the term VAGI- was essentially descriptive of feminine healthcare items, giving precedence to the distinctiveness gained by the VAGISIL mark through decades of usage in the United Kingdom. Although the Defendants' products had been available in the United Kingdom since 2013, the Court concluded that the Claimant's resistance to the Defendants' trademark application at the EUIPO was sufficient to reject the allegation that the Claimants had consented to the use of the VAGISAN sign.

To find out more about Bacterial Vaginosis and the treatments available, click here.