商標

EUIPO

Combination of colours’ distinctiveness still under scrutiny – 1

It must be noted that, although Article 7(1)(b) of Regulation 2017/1001 does not differentiate according to types of sig...
EUIPO

Blue rhombus with curved sides and slightly rounded edges lacks distinctive character

Consumers typically will not pay attention to nuances if they are confronted with an otherwise basic geometrical shape, ...
USPTO

No Evidence = No Cancellation of Registration

Accordingly, because Petitioner, as the party bearing the burden of proof in this proceeding, has not presented testimon...
USPTO

Priority Contest Over HARD WORKS PAYS OFF Mark for Clothing

Petitioner must prove by a preponderance of the evidence that he has a proprietary interest in the mark HWPO and that th...
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 ...
USPTO

MOSAIC Opposer Fails to Prove Relatedness Between Vocational Training and its Entertainment Website

Trademark owner cannot by the normal expansion of its business extend the use or registration of its mark to distinctly ...
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...