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 ...
異議申立
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...
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 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...