識別力

EUIPO

George Orwell – trademark law cannot be used to recreate a perpetual monopoly once copyright protection has ended – 5

Cultural heritage is morally violated by trade mark registration if the public would find the registration offensive in ...
EUIPO

George Orwell – trademark law cannot be used to recreate a perpetual monopoly once copyright protection has ended – 3

In particular, information included in dictionaries has been considered as being in the nature of well-known facts becau...
EUIPO

George Orwell – trademark law cannot be used to recreate a perpetual monopoly once copyright protection has ended – 1

The non-exhaustive and non-cumulative criteria that have been identified are the following:– Fame and recognition of the...
EUIPO

Consumers focus on the verbal elements rather than on the representation of the ice cream itself on the packaging – 3

According to case-law, the weakly / non-distinctive character of an element that is common to two signs reduces the rela...
EUIPO

Consumers focus on the verbal elements rather than on the representation of the ice cream itself on the packaging – 2

Both signs contain the realistic depiction of a similar round-shaped, chocolate-coated ice cream on a stick, with an irr...
USPTO

BOWENS for Guitars is Primarily Merely a Surname

Section 2(e)(4) of the Trademark Act precludes registration of a proposed mark on the Principal Register that is “primar...
USPTO

KAHWA not Generic for, or Descriptive of, Cafés and Coffee Shops – 3

Under the doctrine of foreign equivalents, foreign words used as a mark are translated into English and then tested for ...
USPTO

KAHWA not Generic for, or Descriptive of, Cafés and Coffee Shops – 2

“A term is merely descriptive if it immediately conveys knowledge of a quality, feature, function, or characteristic of ...
USPTO

KAHWA not Generic for, or Descriptive of, Cafés and Coffee Shops – 1

A generic term is the common descriptive name of a class of goods or services and cannot be registered as a trademark be...
EUIPO

All the elements making up the contested sign do not depart from the norm or customs of the sector of laundry and cleaning products – 2

It should also be borne in mind that novelty or originality are not relevant criteria for assessing the distinctive char...