異議申立

EUIPO

Relevant public — degree of attention

The average consumer of the category of products concerned is deemed to be reasonably well informed and reasonably obser...
USPTO

Prove Distinctiveness of its Common Law Mark – 2

Factors to be considered in determining whether acquired distinctiveness has been established include whether there is a...
USPTO

Prove Distinctiveness of its Common Law Mark – 1

In sum, we find that Opposer’s evidence of use of PCS prior to Applicant’s December 13, 2018, constructive date of first...
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

DANKEES Confusable with YANKEES for Clothing

Applicant’s mark is DANKEES and Opposer’s mark is YANKEES. Applicant’s mark is in standard character format, not limited...
USPTO

Disney’s Opposition to OSWALD THE RABBIT for Movie and Play Production Due to Lack of Bona Fide Intent

In short, we cannot conclude that Applicant’s intent to use the applied-for mark as an indicator of source for the parti...
USPTO

Cognac Institute’s Opposition to COLOGNE & COGNAC ENTERTAINMENT

The stacked alliterative phrase, COLOGNE & COGNAC, appears prominently above the smaller and merely descriptive or gener...
EUIPO

EU trade mark dispute: TESTAROSSA – 1

According to the case-law, the resale, as such, of a second-hand product bearing a trade mark does not mean that that ma...
EUIPO

BMV’ found to free-ride on BMW’s reputation

Visually, the signs are similar to an above-average degree. The signs coincide in the letters ‘BM’, placed in the same o...
EUIPO

Same letter, different graphical depiction – not enough for likelihood of confusion without the same concept

The Board of Appeal (BoA) notes that the overall visual impression of the signs, even if both are perceived as containin...