The China-based continuous glucose monitor (CGM) maker defended itself in the High Court of Justice (Chancery Division) of England and Wales against claims regarding trademark infringement and passing off.
Abbott claimed that Sinocare’s iCan i3 CGM system infringed upon its three-dimensional trademark. That trademark covered a white, round disc for the company’s leading FreeStyle Libre on-body unit (OBU). In a definitive ruling issued on Feb. 7, Justice Richard Smith rejected Abbott’s claims.
The court’s reasoning for siding with Sinocare
The court upheld Sinocare’s counterclaims, according to a news release. This declared Abbott’s trademark invalid on two bases. First, the court said the trademark lacked distinctive character. Second, it was composed of functional features necessary for achieving a technical result.
According to Sinocare, the decision followed a similar ruling by the Supreme Court of Austria. That ruling found Abbott’s trademark was not a weak mark, not indicating origin and that consumers wouldn’t be confused between the iCan i3 and Abbott’s CGM products.
Sinocare said it applied to invalidate Abbott’s EU trademark No. 018474232 (also for the shape of Abbott’s OBUs). The company claims it was applied for in bad faith, was not distinctive and the shape was necessary to achieve a technical function. After the closing of oral arguments, Abbott totally surrendered the trademark.
The company said the legal clarity enables it to continue expanding in Europe.
“Each of these decisions marks a significant victory for innovation and fair competition in the medical technology industry, affirming that product designs based on technical functionality cannot be monopolized through trademark protection,” Sinocare said. “The judgments also reinforce the importance of consumer choice in diabetes care, ensuring that advanced CGM solutions remain accessible to users across the UK and beyond.”
