無効審判

フィリピン

“W” is the dominant feature of both Starwood’s and Oceanic’s marks – 22

In the present case, it is not difficult to imagine how the services covered by both marks can operate within the overla...
コンセント

Application for registration of the mark was made in bad faith

Taking into account the Applicant’s repute as an exporter of rice products, as well as the Applicant’s evidence regardin...
フィリピン

“W” is the dominant feature of both Starwood’s and Oceanic’s marks – 2

Relative to the issue on confusion of marks and trade names, jurisprudence has noted two types of confusion: (1) confusi...
UKIPO

Differences do not materially alter the overall concept introduced by CRYSTAL

Where a proportion of the average consumer recognises the difference between the marks created by the word BAR in Bargai...
EUIPO

Relevant consumer will not naturally establish a mental link between the signs – 2

It has to be observed that to the extent that the professionals also form part of the public at large, there is an overl...
EUIPO

Relevant consumer will not naturally establish a mental link between the signs – 1

On all three levels of comparison the marks are linked through the term ‘WE’. As it is a basic English word, a significa...
EUIPO

Knowledge of the shapes in the market and the saturation of prior art are not considerations leading to a finding of bad faith – 2

Τhe fact that the EUTM proprietor refrained from enforcing its trade marks rights for a certain period, or that it only ...
EUIPO

Knowledge of the shapes in the market and the saturation of prior art are not considerations leading to a finding of bad faith – 1

When the shape extends to verbal and figurative elements, its identification and the assessment of its distinctiveness m...
ニュージーランド

The threshold for establishing bad faith – 4

I am not convinced by Eastman NZ’s argument about the different trade marks ELC has used and registered. Adopting differ...
ニュージーランド

The threshold for establishing bad faith – 3

A finding of bad faith would require establishing that the applicant (when filing) lacked an intention to use the trade ...