商標

EUIPO

The figurative element of the mark applied for dominates the overall impression created by that mark

As regards the dominant elements of the signs at issue, for at least a non-negligible part of the relevant public the ve...
使用の意思

FirstRand Limited and Another v National Bank of Abu Dhabi PJSC (Pty) Limited

When the bona fide use of a mark is in issue, it must be determined ‘whether there was a genuine intention to use the ma...
シンガポール

Applicable legal principles: Marks-similarity assessment – 2

(iv) When speaking of the assessment of a mark as a whole, the visual, aural or conceptual similarity of the marks in qu...
シンガポール

Applicable legal principles: Marks-similarity assessment – 1

(i) The three aspects of similarity (i.e. visual, aural and conceptual similarities) are meant to guide the court’s inqu...
フィリピン

“W” is the dominant feature of both Starwood’s and Oceanic’s marks – 18

In Mighty Corporation v. E. & J Gallo Winery, the Court has identified several factors to help resolve whether goods are...
フィリピン

“W” is the dominant feature of both Starwood’s and Oceanic’s marks – 17

Despite the negligible differences created by the inclusion of such additional terms and their placement, both Oceanic' ...
ディスクレーム

“W” is the dominant feature of both Starwood’s and Oceanic’s marks – 16

Oceanic eventually agreed to disclaim the term "GLOBALCENTER" from the subject mark.Such disclaimer allowed the mark to ...
ニュージーランド

Categorize the marks as having a low to moderate degree of similarity

“Deceived” implies the creation of an incorrect belief or mental impression and causing “confusion” may go no further th...
オーストラリア

BASMATI rice No possesses a certified character or indicates goods only from the Basmati Growing Area

The survey evidence does not overcome that difficulty. It indicates that many respondents had heard of BASMATI in connec...
オーストラリア

‘Fluid film’ may be suggestive of an attribute of the product

The Trade Mark is comprised of the well-known English words, fluid and film, arranged in that order. As such, it has an ...