出所混同のおそれ

EUIPO

Verbal element ‘viento’ is clearly secondary in the visual perception of the sign – 2

The signs’ strong similarities stem from their figurative elements depicting an anchor within a circle, drawn up in the ...
EUIPO

“C6” is Confusable with “C4” for Enegy drinks

Aurally, the earlier mark will be pronounced as ‘C4’ and the contested sign as ‘C6’. The figurative element of the conte...
USPTO

Is “TASTE THE POETRY” for Vodka Confusable with “POETRY” for Wine?

Entitlement to a statutory cause of action is an element of the plaintiff’s case in every inter partes proceeding. Oppos...
USPTO

CAMPANARIO for Alcoholic Beverages Except Beer Confusable with BELL TOWER for Beer

Under the doctrine of foreign equivalents, foreign words from common languages are translated into English to determine ...
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 ...
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...