出所混同のおそれ

EUIPO

Visually and conceptually similar to a below-average degree – 1

Although the verbal element forming the earlier mark is included at the beginning of the contested mark, or in a positio...
EUIPO

“Diamond” is unlikely to be universally perceived as a laudatory element

Assessment of the similarity between two marks means more than taking into consideration just one component of a composi...
USPTO

MAIN ESTEEM Not Confusable with MANE ‘N TAIL

Disclaimed matter that is descriptive or generic of a party’s goods or services is typically less significant or less do...
USPTO

Is M8KIT Confusable with M8 for Clothing?

The existence of third-party registrations on similar goods can bear on a mark’s conceptual strength. Specifically, thir...
EUIPO

Verbal element ‘viento’ is clearly secondary in the visual perception of the sign – 2

The signs’ strong similarities stem from their figurative elements depicting an anchor within a circle, drawn up in the ...
EUIPO

“C6” is Confusable with “C4” for Enegy drinks

Aurally, the earlier mark will be pronounced as ‘C4’ and the contested sign as ‘C6’. The figurative element of the conte...
USPTO

Is “TASTE THE POETRY” for Vodka Confusable with “POETRY” for Wine?

Entitlement to a statutory cause of action is an element of the plaintiff’s case in every inter partes proceeding. Oppos...
USPTO

CAMPANARIO for Alcoholic Beverages Except Beer Confusable with BELL TOWER for Beer

Under the doctrine of foreign equivalents, foreign words from common languages are translated into English to determine ...
USPTO

MOSAIC Opposer Fails to Prove Relatedness Between Vocational Training and its Entertainment Website

Trademark owner cannot by the normal expansion of its business extend the use or registration of its mark to distinctly ...
EUIPO

Non-hypothetical future risk of undue profit from the reputation of the ‘GAP’ brand – 5

The absence of any intent on the part of the proprietor of the contested sign to free-ride, even if established, is not ...