識別力

UKIPO

The average consumer will see the mark “AUTOFLIGHT” as being an invented term – 1

The contested mark comprises a device and word. The word component is ‘AUTOFLIGHT’ in a slightly stylised font with the ...
UKIPO

The consumer will still be unable to recollect the marks with any degree of accuracy – 2

As set out above, the opponent’s mark is a word only mark that consists of two words ‘GOLD FARM’. As far as I understand...
EUIPO

‘Baccarat Deluxe’ is understood by the relevant English-speaking consumers as referring to a luxurious version of a gambling game

The word ‘Baccarat’ denotes in English ‘a card game played for money by a banker and several punters’ and the word ‘Delu...
UKIPO

The applicant’s mark is perceived as ‘Talent 27’ rather than ‘27 Talent’

Taking the above into account, I am of the view that the differences between the marks are likely to be overlooked and a...
USPTO

TTAB Reverses Refusal of GOOD TIMES for Bourbon over “GOOD TIME(S)” Registrations for Alcoholic Beverages

The Federal Circuit has held that if there is evidence that a mark, or an element of a mark, is commonly adopted by many...
USPTO

Disclaimer of “MADE BY DENTISTS” in Word-and-Design Mark for Toothbrushes

A “disclaimer” is a statement in the application record that an applicant does not claim exclusive rights to an unregist...
EUIPO

‘TRUE CLASSIC’ will be perceived as a simple, common advertising message – 2

It is true that the slogan ‘TRUE CLASSIC’ does not reveal which fashion goods fall under that category or why. However, ...
EUIPO

‘TRUE CLASSIC’ will be perceived as a simple, common advertising message – 1

The word combination ‘true classic’ is a grammatically correct expression and meaningful for the English-speaking part o...
EUIPO

The distinctiveness of “SUN” to be below average in the context of non-alcoholic drinks – 2

Visually and aurally, both signs contain the identical beginning ‘SUN-’. Moreover, their length and number of syllables ...
EUIPO

The distinctiveness of “SUN” to be below average in the context of non-alcoholic drinks – 1

Where some elements of a trade mark are descriptive of the goods and services for which that mark is protected or of the...