異議申立

USPTO

Genericness Opposition to MLD FAMILY for Metachromatic Leukodystrophy (MLD) Advocacy

To show that a mark has acquired distinctiveness, an applicant must demonstrate that the relevant public understands the...
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

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 ...
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...
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...