識別力

USPTO

“SOUL BNB” Not Confusable With “AIRBNB,” Says TTAB, Noting Weakness of “BNB”

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...
USPTO

TTAB Affirms Genericness Refusal of FREE PHOTOS

When a mark is composed of dictionary words, those definitions generally inform its meaning and connotation. The Examini...
USPTO

“NO LAW DEGREE REQUIRED” Fails to Function as a Source Indicator for Business Consulting and Legal Information Services

“Failure to function” is an umbrella term because there are many reasons why a proposed mark may not function as an indi...
EUIPO

10 – IN – 1 is uncapable of fulfilling the essential function of a trade mark – 3

There is nothing in the contested sign that would constitute a play on words or introduce a conceptual intrigue. Whereby...
EUIPO

10 – IN – 1 is uncapable of fulfilling the essential function of a trade mark – 2

It is well-known that consumers purchase the contested goods with the aim of obtaining as many benefits as possible whil...
EUIPO

10 – IN – 1 is uncapable of fulfilling the essential function of a trade mark – 1

The contested sign is a combination of numeric and verbal elements ‘10 - IN - 1’, read as ‘ten in one’ in English. It cl...
インド

India’s Trademark Registry Accepts Its First Smell Trademark – 3

As regards distinctiveness, in case of visually perceptible marks, a mere glance may be sufficient to establish distinct...
インド

India’s Trademark Registry Accepts Its First Smell Trademark – 2

A graphical representation akin to the one that is usually filed by applicants in case of for instance a word mark or a ...
USPTO

TTAB Finds TURNKEY STORAGE Merely Descriptive of Self-Storage Facilities

There is no dispute that Applicant has invested in promoting its self‑storage services and has generated millions in rev...
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 ...