商標の類否

USPTO

HABANA BRISA Confusable with HAVANA TAN! for Sun Care Preparations – 3

The U.S. Court of Appeals for the Federal Circuit recently set forth the following “core principles” relevant to determi...
USPTO

HABANA BRISA Confusable with HAVANA TAN! for Sun Care Preparations – 2

The parties frame as a threshold question whether it is appropriate to use the English translation of Applicants’ mark a...
USPTO

HABANA BRISA Confusable with HAVANA TAN! for Sun Care Preparations – 1

In articulating reasons for reaching a conclusion on the issue of confusion, there is nothing improper in stating that, ...
EUIPO

APPLE and OPPLE are visually and aurally smilar at least to an average degree – 6

As regards the concept of ‘taking unfair advantage of the distinctive character or the repute of the trade mark’, also r...
EUIPO

APPLE and OPPLE are visually and aurally smilar at least to an average degree – 5

In any case, even if the pronunciation of the beginning of the signs at issue differs on account of letters ‘A’ and ‘O’,...
EUIPO

APPLE and OPPLE are visually and aurally smilar at least to an average degree – 4

The specific reputation of the earlier mark – including qualitative aspects, such as a particular image (luxury, lifesty...
EUIPO

APPLE and OPPLE are visually and aurally smilar at least to an average degree – 2

The Opposition Division applied the relevant legal standard applicable to short marks (typically reserved for two/three ...
EUIPO

APPLE and OPPLE are visually and aurally smilar at least to an average degree – 1

Indeed, according to settled case-law, where a figurative mark containing verbal elements is compared visually to a word...
EUIPO

FRUIT CREATIONS and COCA-COLA CREATIONS have only very few visual and few phonetic similarities

The greater or lesser degree of distinctiveness of the constituent elements of the signs at issue which are common to th...
EUIPO

What you see is what you get

For consumers who perceive the contested sign as having five vertical parallel stripes, not only is the number of stripe...