商標の類否

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...
EUIPO

The comparison of the signs (OHIM v Shaker, C‑334/05 P) – 2

Assessment of the similarity between two marks means more than taking just one component of a composite trade mark and c...
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 ...
USPTO

CRYSTAL OF ATLAN Confusable with HEROES OF ATLAN for computer game software

Consumer confusion has been held likely for marks that do not sound or look alike but that convey the same idea, stimula...
UKIPO

Post-Sale Confusion is Relevant for Establishing Trade Mark Infringement

None of the CJEU authorities support the proposition that actionable infringement should be limited to post-sale confusi...
USPTO

Is MAYELA Confusable with MAYA for Wine?

The MAYA and MAYELA marks are not identical, as MAYELA has the additional letters “EL” after the “MAY” and before the “A...
USPTO

Is “LEFT RIGHT MIDDLE” Confusable with “LEFT CENTER RIGHT & Design” for Dice Games?

We keep in mind that when a mark, or a portion of a mark, is conceptually weak, it is entitled to a narrow scope of prot...