商標の類否

USPTO

“SOUL BNB” Not Confusable With “AIRBNB,” Says TTAB, Noting Weakness of “BNB”

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

GOLD PALM Confusable with SILVER PALM for Wine – 2

Because there are no price restrictions in the parties’ identifications of goods, we must contemplate their wine can be ...
USPTO

GOLD PALM Confusable with SILVER PALM for Wine – 1

That is, should consumers be familiar with Opposer’s SILVER PALM wine and then encounter Applicant’s GOLD PALM wine, it ...
USPTO

TTAB Deems MARIO’S for Clothing Confusable with MARIO’S 3.10 for Retail Apparel Stores

Applicant’s mark is MARIO’S and the cited mark is MARIO’S 3.10. While there is no rule that marks are automatically cons...
EUIPO

Interdependence Principle – 2

The outcome depends on the particularities of each case, but as a rule of thumb it can be said that when there is an ave...
EUIPO

Interdependence Principle – 1

The Court has set out the essential principle that evaluating likelihood of confusion implies some interdependence betwe...
EUIPO

Likelihood of confusion for the Englsih-speaking public for whom the signs represent misspellings of a known word

The contested sign consists of the sole verbal element ‘HyghLyght’ which will be perceived as an uncommon misspelling of...
EUIPO

No reason to assume that the relevant public would perceive the marks as having the same commercial origin even for identical goods – 4

Applying the interdependence principle, given the relevant public’s average level of attention, even assuming an enhance...
EUIPO

No reason to assume that the relevant public would perceive the marks as having the same commercial origin even for identical goods – 3

Aurally, the contested sign will be pronounced as two terms /ENERGY ALPHA/ whereas the earlier mark as a short term /ALP...
EUIPO

No reason to assume that the relevant public would perceive the marks as having the same commercial origin even for identical goods – 2

The fact that the second, shorter element of the contested sign ‘ALPHA’ coincides in some letters with the earlier mark’...