UK court rules against Abbott in CGM trademark case

U.K. – A UK court has ruled against Abbott in a trademark infringement case involving Sinocare, a Chinese medical device company.

Abbott had accused Sinocare of copying the design of its FreeStyle Libre continuous glucose monitor (CGM), claiming that the iCan i3 CGM looked too similar to its small, white sensor worn on the upper arm.

Sinocare launched its CGM system in China in 2023 and has since expanded into the UK and Europe.

The company recently obtained a CE mark, allowing its latest iCan i3 CGM to be used by children as young as two years old.

In December, Sinocare partnered with Italy’s A. Menarini Diagnostics to distribute the device in 20 European countries.

Abbott had argued that the similar design of Sinocare’s device could confuse customers, especially when placed alongside other CGMs, such as Dexcom’s G7 or Medtronic’s Guardian sensor.

However, Sinocare defended its design, stating that Abbott’s circular shape lacked distinctiveness and was simply a technical necessity for reading blood sugar levels.

Court rulings in UK and Austria

The UK High Court of Justice ruled on February 7 that Abbott’s design could not be trademarked because it was not distinctive.

The court also stated that healthcare professionals and diabetes patients would recognize the differences between various CGM devices and would not rely solely on shape when making a choice.

This ruling follows a similar decision by Austria’s Supreme Court, which also found that Abbott’s trademark was not unique enough to indicate brand origin.

Sinocare had already challenged Abbott’s EU trademark No. 018474232, arguing that it was applied for in bad faith and lacked distinctiveness.

Abbott voluntarily surrendered the trademark at the EU’s Intellectual Property Office in early January, after oral arguments in both Austria and the UK.

Sinocare celebrates legal victory

Following the ruling, Sinocare welcomed the decision, emphasizing its importance for fair competition.

“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,” the company stated.

Sinocare also highlighted that the ruling protects consumer choice, ensuring that advanced continuous glucose monitoring (CGM) devices remain accessible to diabetes patients across the UK and Europe.