出所混同のおそれ

EUIPO

Non-hypothetical future risk of undue profit from the reputation of the ‘GAP’ brand – 4

Moreover, it claimed that the images of glamour, of a modern and relaxed style, conveyed by the earlier mark and the rep...
EUIPO

Non-hypothetical future risk of undue profit from the reputation of the ‘GAP’ brand – 3

The stronger that earlier mark’s distinctive character and reputation are, the easier it will be to accept that detrimen...
USPTO

Is ELEMENTAL BEAUTY for Skincare Products Confusable with BEAUTY IS ELEMENTAL for Nutritional Supplements? – 2

The Examining Attorney also made of record sixteen subsisting use-based thirdparty registrations showing that the same e...
USPTO

Is ELEMENTAL BEAUTY for Skincare Products Confusable with BEAUTY IS ELEMENTAL for Nutritional Supplements? – 1

Here, both marks contain the identical words ELEMENTAL and BEAUTY, with Applicant’s mark ELEMENTAL BEAUTY transposing th...
USPTO

Is APPARITION Confusable with PHANTOM for Wine? – 2

APPARITION and PHANTOM are completely different words that otherwise share no similarities as to sound or appearance. In...
USPTO

Is APPARITION Confusable with PHANTOM for Wine? – 1

The U.S. Court of Appeals for the Federal Circuit has held that if there is evidence that a mark, or an element of a mar...
USPTO

Clothing and Perfume are Related

The Application and Cited Registration identify goods that are not restricted by target market, price, or any other mann...
EUIPO

The comparison of the signs (OHIM v Shaker, C‑334/05 P) – 1

The global assessment of the likelihood of confusion must, so far as concerns the visual, phonetic or conceptual similar...
USPTO

Refusal of the mark LITTLE MEXICO for “Take-out restaurant services” [MEXICO disclaimed]

Considering the marks in their entireties, we acknowledge that the marks have some dissimilarities in sound and appearan...
USPTO

Extensive Third-Party Use of “SIDECAR”

Commercial strength is a question of “whether consumers in fact associate the … mark with a unique source.” Evidence of ...