EUIPO Non-hypothetical future risk of undue profit from the reputation of the ‘GAP’ brand – 5
The absence of any intent on the part of the proprietor of the contested sign to free-ride, even if established, is not ...
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EUIPO 
EUIPO Non-hypothetical future risk of undue profit from the reputation of the ‘GAP’ brand – 4
Moreover, it claimed that the images of glamour, of a modern and relaxed style, conveyed by the earlier mark and the rep...
EUIPO Non-hypothetical future risk of undue profit from the reputation of the ‘GAP’ brand – 3
The stronger that earlier mark’s distinctive character and reputation are, the easier it will be to accept that detrimen...
EUIPO Non-hypothetical future risk of undue profit from the reputation of the ‘GAP’ brand – 2
As regards the concept of ‘taking unfair advantage of the distinctive character or the repute of the trade mark’, also r...
USPTO Is ELEMENTAL BEAUTY for Skincare Products Confusable with BEAUTY IS ELEMENTAL for Nutritional Supplements? – 2
The Examining Attorney also made of record sixteen subsisting use-based thirdparty registrations showing that the same e...
USPTO Is ELEMENTAL BEAUTY for Skincare Products Confusable with BEAUTY IS ELEMENTAL for Nutritional Supplements? – 1
Here, both marks contain the identical words ELEMENTAL and BEAUTY, with Applicant’s mark ELEMENTAL BEAUTY transposing th...
USPTO Is APPARITION Confusable with PHANTOM for Wine? – 2
APPARITION and PHANTOM are completely different words that otherwise share no similarities as to sound or appearance. In...
USPTO Is APPARITION Confusable with PHANTOM for Wine? – 1
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 Clothing and Perfume are Related
The Application and Cited Registration identify goods that are not restricted by target market, price, or any other mann...
EUIPO The comparison of the signs (OHIM v Shaker, C‑334/05 P) – 1
The global assessment of the likelihood of confusion must, so far as concerns the visual, phonetic or conceptual similar...