Point of law: whether a designation which is confusingly similar to an international nonproprietary name may be registered as a trademark?

Ratio decidendi: in the opinion of the Presidium, since an international nonproprietary name is deemed to be a commonplace term and as such may not be registered as a trademark, the same applies to the designation which is derivative from such international nonproprietary name and is confusingly similar to it (differs from it by a single letter or sound).

Practical consequences: the Judgment does not provide for the possibility to reverse inconsistent court decisions in prior analogous cases by virtue of Art 311 of the Commercial Procedure Code. Therefore, its ratio decidendi has only prospective force.