自他識別力

EUIPO

No likelihood of confusion between “Pets at Home” and “BEPETHOME” – 4

As confirmed by the General Court, the public is often confronted with terms and expressions or acronyms which it regard...
EUIPO

Unusual combination of SAFETY MADE BEAUTIFYL is non-distinctive

The applicant argued that the sign is an unusual combination that turns something mundane (safety) into something beauti...
USPTO

DUO for Personal Mobility Devices Confusable with DUOPOWER for Land Vehicles

Although we do not ignore the word POWER in the Cited Mark, to the extent it is descriptive or suggestive, it is appropr...
USPTO

PALAPA Merely Descriptive of Event Venue Services

To show that a mark has acquired distinctiveness, an applicant must demonstrate that the relevant public understands the...
EUIPO

Undistinguishable from the shapes of the same type of goods commonly found in trade – 5

The contested goods mainly target the general public, though they can also target specialised consumers with specific pr...
EUIPO

Undistinguishable from the shapes of the same type of goods commonly found in trade – 4

The relevant public is deemed to be reasonably well informed and reasonably observant and circumspect. In this respect, ...
EUIPO

Undistinguishable from the shapes of the same type of goods commonly found in trade – 3

It should be recalled that, according to settled case-law, novelty or originality are not relevant criteria for assessin...
EUIPO

Undistinguishable from the shapes of the same type of goods commonly found in trade – 2

In those circumstances, only a mark which departs significantly from the norm or customs of the sector and thereby fulfi...
EUIPO

Undistinguishable from the shapes of the same type of goods commonly found in trade – 1

The average consumer’s perception is not necessarily the same in relation to a three-dimensional mark consisting of the ...
USPTO

Is Applicant’s Three-Dimensional Product Packaging Configuration Inherently Distinctive? – 2

The evidence establishes a “reasonable predicate” for finding that Applicant’s Mark is not inherently distinctive, and t...