商標

オーストラリア

The trade marks are undoubtedly similar, each containing the words ‘JUDY, THE JUDY GARLAND STORY’ – 2

It follows that a trade mark used in relation to goods with comparatively low sales may have a high and strong reputatio...
オーストラリア

The trade marks are undoubtedly similar, each containing the words ‘JUDY, THE JUDY GARLAND STORY’ – 1

As regards a trade mark, its reputation derives both from the quantum of sales under that mark and also its esteem, or i...
UKIPO

The average consumer will see the mark “AUTOFLIGHT” as being an invented term – 2

In the case of indirect confusion, the average consumer has noticed the differences between the marks but still believes...
UKIPO

The average consumer will see the mark “AUTOFLIGHT” as being an invented term – 1

The contested mark comprises a device and word. The word component is ‘AUTOFLIGHT’ in a slightly stylised font with the ...
UKIPO

The consumer will still be unable to recollect the marks with any degree of accuracy – 2

As set out above, the opponent’s mark is a word only mark that consists of two words ‘GOLD FARM’. As far as I understand...
UKIPO

The consumer will still be unable to recollect the marks with any degree of accuracy – 1

The consumer is likely to take into account the quality, freshness, price, expiry date, nutritional value and ethical an...
UKIPO

Above-medium degree of visual similarity between the marks overall

Visually, the marks differ due to the contested mark containing the additional words, ‘EYES TO’, at the beginning which ...
EUIPO

‘Baccarat Deluxe’ is understood by the relevant English-speaking consumers as referring to a luxurious version of a gambling game

The word ‘Baccarat’ denotes in English ‘a card game played for money by a banker and several punters’ and the word ‘Delu...
UKIPO

The applicant’s mark is perceived as ‘Talent 27’ rather than ‘27 Talent’

Taking the above into account, I am of the view that the differences between the marks are likely to be overlooked and a...
UKIPO

No basis why the addition/removal of the horse’s head and/or the words ASTON MARTIN would be considered a logical and consistent brand extension – 2

Although direct confusion and indirect confusion both involve mistakes on the part of the consumer, it is important to r...