識別力

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 ...
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...