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10 Jun 2021, 12:25 pm by Verónica Rodríguez Arguijo
The company further noted that when the signs are perceived in the orientation in which they were applied for, they are merely “similar overall to an average degree, or even to an average to low degree”. [read post]
21 Feb 2013, 4:08 am
Seven then appealed unsuccessfully to the Second Board of Appeal (BoA), which felt that SAM's and Seven's marks displayed significant differences and that they were not similar overall. [read post]
2 Jul 2013, 9:23 pm by Afro Leo
       Fame is to be considered as part of the overall assessment when one considers whether a likelihood of confusion takes places. [read post]
11 Sep 2023, 4:42 am
Turning to the marks, the Board found that they "engender sufficiently different overall commercial impressions such that they would not be considered confusingly similar. [read post]
10 Mar 2015, 4:47 pm by Sabrina I. Pacifici
Eight out of 15 agencies improved their overall score this year, and in each of the three performance areas, more agencies received the highest marks (A) this year than last year. [read post]
18 Nov 2021, 12:04 pm by Eleonora Rosati
This is so regardless of the degree of reputation and diffusion of the trade mark, thus representing a minimum standard criterion for the award of damages.In this regard the trade mark owner recalled, in particular, the second paragraph of Article 125 of the Industrial Property Code, which reads as follows (all translations from decisions are mine): The judgment that rules on the compensation of damages may establish payment of an overall sum set based on the proceedings… [read post]
11 Jul 2023, 9:12 am by Marcel Pemsel
Turning to the overall assessment of the likelihood of confusion, the General Court found that the second EUTM application was sufficiently distinct from the earlier marks so that, despite identical goods and an average degree of inherent distinctiveness, the relevant public would not confuse the marks. [read post]
12 Jun 2007, 4:46 am
Said the Court: "37 ... the Court of First Instance ... noted the case-law ... according to which the global appreciation of the likelihood of confusion must be based on the overall impression created by the signs at issue.38 However, it stated ... that, if the trade mark claimed was a complex mark which was visual in nature, the assessment of the overall impression created by that mark and the determination as to whether there was a dominant element… [read post]
15 Apr 2024, 10:03 pm by Marcel Pemsel
None of them dominated the overall impression of the marks. [read post]
8 Jul 2019, 2:27 am
As to the cited word mark MAIN LINE HEALTH, it too is distinguishable as a whole from Applicant’s mark on the basis of the differing terms “HEALTH” and “REFRESH,” resulting in different overall commercial impressions.The Board also noted that the cited registrations have co-existed with each other, and therefore the owners thereof "appear to believe that confusion is not likely. [read post]
2 Oct 2013, 3:50 am by John L. Welch
Berger & Co., Opposition No. 91187092 (September 30, 2013) [precedential].Likelihood of confusion: Despite the overlap in goods, the presumed identity of channels of trade and classes of consumers, and the fame of opposer's SWATCH mark, the Board found the first duPont to be dispositive because the involved marks differ significantly in sound, meaning, and overall commercial impression. [read post]
28 Aug 2011, 11:56 am by Robert Chesney
Mark Mazzetti had a piece yesterday in the Times covering the important news that CIA once again has located and killed al Qaeda’s top officer for operational planning (Atiyah abd al-Rahman, who took over that position after a drone killed Sheikh Saeed al-Masri last year, and who more recently became al Qaeda’s #2 overall official (under Ayman al-Zawahiri) in the wake of the killing of bin Laden). [read post]
28 Aug 2011, 11:56 am by Robert Chesney
Mark Mazzetti had a piece yesterday in the Times covering the important news that CIA once again has located and killed al Qaeda’s top officer for operational planning (Atiyah abd al-Rahman, who took over that position after a drone killed Sheikh Saeed al-Masri last year, and who more recently became al Qaeda’s #2 overall official (under Ayman al-Zawahiri) in the wake of the killing of bin Laden).  [read post]
21 Jun 2020, 6:06 am by Riana Harvey
The Court reached its conclusion on the basis that the Board of Appeal had not carried out an overall assessment of the mark when considering distinctive character acquired through use in the EU.Louis Vuitton's 'Damier Azur'BackgroundIn 2008, Louis Vuitton Malletier obtained an international registration for the pictured mark in relation to Class 18 goods, with the mark being recognised as having the same protection as an EU trade mark in… [read post]
28 Feb 2008, 12:57 pm
Rob La Gatta: So how do you ultimately see blogs and citizen-produced media playing into the overall journalism business? [read post]
4 Oct 2009, 11:00 pm
" For completeness, the Board also went on to find that the marks "are not similar. [read post]
23 Mar 2010, 7:26 am by Sheldon Toplitt
Overall, sales declined by 5 percent last year to $21.1 billion. [read post]
18 Apr 2018, 1:49 am
She reasoned as follows: (a) For each of the competing marks, the “STONE” suffix did not dominate the overall impression. [read post]
4 Nov 2015, 2:54 am
Moreover, neither beer nor wine is inherently expensive and they may be purchased on impulse.The marks: The term BREWS was disclaimed in Applicant's mark and has little source-identifying significance, but it is the largest part of the mark and does contribute to the overall commercial impression. [read post]
28 Mar 2013, 2:30 pm
This refers to the overall image, get-up or recognisable distinguishing features of a product or service. [read post]