識別力

USPTO

Is TENNISOS Merely Descriptive of Robotic Systems Software Platforms?

The fact that no one may previously have used “TENNIS” and “OS” together before does not mean that the combined term can...
EUIPO

Just saying ‘it’s B’ doesn’t make it the same B! – 1

Indeed, the descriptive, non-distinctive or weakly distinctive elements of a complex trade mark generally have less weig...
USPTO

STROLL TO THE POLLS Fails to Function as a Trademark for Clothing

Notwithstanding Applicant’s apparent intent that the phrase function as a mark, the evidence of record shows that the pr...
USPTO

The first Dupont factor weighs in favor of likelihood of confusion

The oval design feature of Applicant’s mark that surrounds the word DSU and frames it, forming a background, does not di...
USPTO

GHOSTWRITTEN INC. Not Proven Merely Descriptive of Publication of E-books and Blog Posts

Consumers cannot be expected to immediately understand the significance of GHOSTWRITTEN INC. in connection with the reci...
USPTO

Despite 18 years of Sales, LED Configuration Lacks Acquired Distinctiveness

Applicant bears the burden of proving acquired distinctiveness. To show that a proposed mark has acquired distinctivenes...
EUIPO

How do weak distinctive elements sound together?

It is well-established case-law that the greater or lesser degree of distinctiveness of the elements common to the mark ...
EUIPO

Ex officio refusal of protection – ONE PIECE

The relevant English-speaking consumer would understand the sign as having the following meaning: any single thing. The ...
イギリス

Distinctiveness character of mark

In making that assessment, account should be taken, in particular, of the inherent characteristics of the mark, includin...
EUIPO

Oxymorons can be descriptive too

As regards the arguments based on the registration of the sign applied for in the United Kingdom and the United States, ...