自他識別力

USPTO

Genericness Opposition to MLD FAMILY for Metachromatic Leukodystrophy (MLD) Advocacy

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

The sign ‘GOOD-NITE’ is descriptive with regard to medicines in Class 5 – 2

A trade mark consisting of a neologism or a word composed of elements each of which is descriptive of characteristics of...
EUIPO

The sign ‘GOOD-NITE’ is descriptive with regard to medicines in Class 5 – 1

As regards the meaning of the word element ‘nite’, it will naturally be associated by the English-speaking public with t...
EUIPO

A mere promotional statement that highlights the provider’s commitment to excellence

The colours in the sign applied for (i.e. yellow and black), cannot detract the relevant public’s attention from the sem...
EUIPO

Combination of colours’ distinctiveness still under scrutiny – 2

In order for combinations of colours which are the subject of an application for registration of a trade mark, claimed i...
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, ...
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...