異議申立

USPTO

Opposition Based on Reputation in USA Without Use

Here, the evidence shows that U.S. consumers know and recognize Opposer’s mark and associate it with Opposer as the sour...
EUIPO

Earlier mark’s figurative elements will not have, in any event, the same impact of the verbal element in its overall impression

Aurally, the signs are identical for the relevant Frech-speaking public under focus.In French, the pronunciation of the ...
EUIPO

Consumers focus on the verbal elements rather than on the representation of the ice cream itself on the packaging – 4

Visually, the coincidence in the representation of a round ice cream covered with chocolate and attached to a wooden sti...
EUIPO

Consumers focus on the verbal elements rather than on the representation of the ice cream itself on the packaging – 3

According to case-law, the weakly / non-distinctive character of an element that is common to two signs reduces the rela...
EUIPO

Consumers focus on the verbal elements rather than on the representation of the ice cream itself on the packaging – 2

Both signs contain the realistic depiction of a similar round-shaped, chocolate-coated ice cream on a stick, with an irr...
EUIPO

Consumers focus on the verbal elements rather than on the representation of the ice cream itself on the packaging – 1

The assessment of the similarity between two marks means more than taking just one component of a composite trademark an...
EUIPO

A serious risk that the use of the contested mark would take unfair advantage of the reputation of the earlier mark – 3

It conveys an image of prestige, sophistication, exclusivity, and high economic value. This image has been built over de...
EUIPO

A serious risk that the use of the contested mark would take unfair advantage of the reputation of the earlier mark – 2

In the present case, there is a specific and undeniable connection defined by the market sector targeted by the conteste...
EUIPO

A serious risk that the use of the contested mark would take unfair advantage of the reputation of the earlier mark – 1

The signs to be compared are the earlier figurative mark, consisting of four ‘G’ letters arranged in a square to form a ...
EUIPO

Figurative and graphic differences in the contested sign are not able to distract the public’s attention from its verbal element – 2

The earlier mark consists of the word ‘TOGGO’ represented in stylised, slightly displaced characters in orange. The styl...