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 ...
商標の類否
EUIPO 
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...
EUIPO Non-hypothetical future risk of undue profit from the reputation of the ‘GAP’ brand – 2
As regards the concept of ‘taking unfair advantage of the distinctive character or the repute of the trade mark’, also r...
EUIPO Non-hypothetical future risk of undue profit from the reputation of the ‘GAP’ brand – 1
Visually and aurally, the contested sign incorporates the sole element constituting the earlier mark. This element is di...
EUIPO The marks coincide in the element ‘GRO*GREEN’
In the present case, the marks coincide in the element ‘GRO*GREEN’, which is the dominant and most distinctive element o...
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...
EUIPO Just saying ‘It’s B’ doesn’t make it the same B! – 3
In the present case, the signs at issue coincide only in their letter ‘b’, which in itself is weakly distinctive, wherea...