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30 Jul 2020, 1:32 pm
Overall, electronic cigarettes are so distant from clothing that it is implausible that the public would be reminded of the earlier mark when purchasing the contested goods.The same applies to the contested ‘food flavourings’ in Class 30. [read post]
1 Jul 2008, 1:20 am
By contrast, false and insincere statements do not promote overall truth. [read post]
29 Jun 2021, 7:00 am
Overall, there are nearly 30 rules that have been adopted into the Uniform Rules. [read post]
22 Nov 2017, 12:41 am
As Sivec is "very obscure" the threshold was correspondingly lower.After a review of the various authorities, HHJ Hacon summarised the position regarding acquired distinctiveness as follows (with emphasis added):(1) The overall criterion which governs whether a trade mark has acquired distinctive character is whether the average consumer perceived that trade mark identified the relevant goods or services as originating from a single undertaking. [read post]
5 Jun 2023, 4:26 am
" And as to Factor 3, there was no question that the PEPSI-COLA mark became famous long before Applicant’s constructive use date of August 14, 2019.As to Factor 4, the Board looked to Section 43(c)(2)(B)(i-vi) in considering: (i) the degree of similarity between Applicant’s mark and Opposer’s famous mark;(ii) the degree of inherent or acquired distinctiveness of Opposer’s mark;(iii) the extent to which Opposer’s is… [read post]
20 Jun 2014, 2:43 am
For every 150 trade mark rulings, it seems, the Court of Justice of the European Union (CJEU) issues a decision on designs [a topic which is far less investigated than trade marks, and far more ignored by the IP community and Luxembourg Courts]. [read post]
8 Jan 2016, 7:48 am
Finally, ‘in assessing whether a trade mark has acquired a distinctive character the competent authority must make an overall assessment of the relevant evidence’. [read post]
28 Sep 2020, 1:08 am
The Court held that it is reasonable for the Hearing Officer to conclude that a mark is devoid of distinctive character after carrying out an assessment of the relevant factors alone without considering any survey evidence, and for the Hearing Officer, at that stage, to go on to consider the survey evidence to see whether, on an “overall assessment of all of the evidence”, the mark may be deemed to be distinctive, in accordance with the principles laid out in… [read post]
15 May 2015, 2:41 am
"Both marks share the overall commercial impression of being slightly racy, and the addition of the fish design in registrant's mark, while reinforcing the double entendre created thereby, does not obviate this similarity. [read post]
28 Nov 2023, 1:53 am
CommentWhereas, in this Kat's view, the Board was a little generous in stating that consumers might be likely to notice differences between the two signs, overall the finding that the protections offered by PDO designation requirements and collective marks can be cumulative would appear to be right, and will be reassuring to PDO holders that have struggled to enforce their rights in certain EU territories, where collective marks may give them greater recourse. [read post]
9 Jul 2009, 11:46 pm
"As to the marks, the Board spent little energy in finding them to be similar in overall impression ("intersecting arcs forming a circular triangle").As to the goods/services, on their faces, General Cable's products and services and National Rural's services (essentially trade association services for electric utilities in the nature of promulgating data transfer services) are different in character and use. [read post]
11 Sep 2020, 2:04 am
Moreover, and more importantly, we find the sight, sound, connotation, and overall commercial impression of the two marks considered as a whole to be more similar than dissimilar.And so the Board affirmed the refusal to register.Read comments and post your comment here.TTABlogger comment: How did you do? [read post]
2 Jun 2020, 4:45 am
The Board rejected Opposer's claim to ownership of a family of ERA-formative mark, but found the NEW ERA mark to be conceptually strong with a "relatively high degree of fame or commercial strength," and similar overall to the PRO ERA mark in sound, appearance, connotation, and commercial impression. [read post]
18 Mar 2015, 4:10 pm
Added the court, the fantasy word ‘rienergy’, despite having distinctive character in respect of the goods and services at issue, played a subsidiary role in the mark applied for, even though it could not be categorised as totally negligible in the overall impression created by that mark; the same considerations applied to the figurative element situated above the word ‘rienergy’ [oh dear, at first glance this Kat didn't even notice… [read post]
28 Sep 2022, 3:34 am
And the marks are similar in sound, appearance, connotation, and overall commercial impression. [read post]
23 Sep 2010, 3:23 am
In re Qliktech International AB, Serial No. 79054312 (September 20, 2010) [not precedential].The Marks: The Board found the differences in the marks to be "too slight to distinguish the mark in terms of overall appearance. [read post]
31 Dec 2012, 12:01 pm
In order to ascertain whether a mark consisting of a number of components may be perceived by the relevant public as an indication of origin, the overall impression produced by that combination must be analysed. [read post]
3 Dec 2019, 1:30 am
The main features of the marks are the same since they depict a whale, placed in profile and therefore they also give the same overall impression. [read post]
28 Jun 2023, 3:01 am
The document says that a change only in colour does not alter the distinctive character of a trade mark, as long as (a) the word/figurative elements coincide and are the main distinctive elements, (b) the contrast of shades is respected, (c) the colour or combination of colours does not possess distinctive character in itself, and (d) colour is not one of the main contributors to the overall distinctiveness of the mark. [read post]
13 Dec 2011, 1:40 pm
Although its heart is in the right place, and there is no disputing that any effort to inform the public about trade marks is worthwhile, the overall approach of the IPO does not seem to be in the best interests of the applicants themselves. [read post]
