UKIPO

UKIPO

The distinctive character of a mark can be enhanced by virtue of the use that has been made of it

The opponent’s use has been fairly longstanding and there is a good geographical spread of use within the UK. However, w...
UKIPO

Overlapping phonetic element “MUR-RAYS” comes at the end of the applicant’s mark, rendering the marks aurally similar to a low degree

The applicant’s mark is a composite mark, comprising an artistic illustration of the head and shoulders of a smiling red...
UKIPO

No more than an adaptation or variation of the ONWARD sign to incorporate a logo, attributable to marketing or promotional considerations

Although the first part of the contested mark consists of an interlocking O device, the average consumer is likely to in...
UKIPO

Visual and aural similarities between the marks neutralise the non-distinctive conceptual difference – 3

In this instance, the earlier mark is made up of a stylised letter “Q”. Whilst, I do not consider this letter to have an...
UKIPO

Visual and aural similarities between the marks neutralise the non-distinctive conceptual difference – 2

Distinctiveness is a scale along which marks of various types sit. A mark which is allusive of the goods/services will h...
UKIPO

Visual and aural similarities between the marks neutralise the non-distinctive conceptual difference – 1

In making that assessment, account should be taken, in particular, of the inherent characteristics of the mark, includin...
UKIPO

‘USKY’ is a fanciful, invented term with no dictionary definition or no obvious meaning

Although I accept that the marks share the same last three letters, the overall visual similarities are no more than med...
UKIPO

Although ‘baraka’ is more dominant, the first word “blessed” will not be overlooked

The visual similarity between the marks resides in the second word “BARAKA” in the opponent’s mark and “Barakkat” in the...
UKIPO

Consumers will make the mental leap and believe that there is an economic connection between the two entities.

Despite the distance between the respective parties’ fields of activity, this does not prevent a claim succeeding under ...
UKIPO

Family of marks

Where there is a ‘family’ or ‘series’ of trade marks, the likelihood of confusion results more specifically from the pos...