Trademark Similarity Case: SNOW PERFUME
A trademark identifies commercial origin and helps prevent confusion. The comparison therefore ordinarily considers the mark as a whole, including its appearance, sound and meaning.
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Trademark Similarity Case: Whotel
Service-mark similarity turns on appearance, sound and meaning and the overall impression on ordinary consumers and traders. The issue is whether they may confuse the source of the services.
Read articleTrademark Similarity Case: NICOLE MILLER
Assess the marks objectively, as a whole and through separate observation of appearance, sound and meaning. The relevant question is whether their use for the designated goods may cause confusion about commercial origin.
Read articleTrademark Similarity Case: CRYSIS
For marks used on the same goods, appearance, sound and meaning are considered together to assess whether consumers or traders may confuse their source.
Read articleTrademark Similarity Case: Ritz Plaza Hotel
The similarity assessment considers appearance, sound and meaning against the overall impression the marks make on ordinary consumers and traders.
Read articleTrademark Similarity Case: THE MAGIC BULLET
The applied-for mark and the earlier registered mark differ visually in their wording, including “THE MAGIC” and “Steam,” and in their graphic elements.
Read articleTrademark Similarity Case: IBK
Comparison of the registered and earlier service marks for financial services, including development finance, international finance, investment, guarantees, lending and accounting.
Read articleTrademark Similarity: ORGASOL versus ORAG
The court compares appearance, sound and meaning and considers the marks' overall impression on consumers and traders. For use on the same goods, the central issue is the likelihood of confusion about source.
Read articleTrademark Similarity: birdie versus Blue Birdie
Similarity is assessed through the marks' appearance, sound and meaning, considering consumers' overall impression and potential confusion about source. The analysis also considers how the individual word and graphic elements contribute to that impression.
Read articleTrademark Similarity: bistro dº versus BISTRO
A composite service mark may be referred to or understood through an independently distinctive element where separating its components would not be unnatural in trade. More than one pronunciation or meaning may therefore arise.
Read articleTrademark Similarity: A Summary of the Court’s Approach
The applied-for mark combines wording with simple green and blue geometric elements. The analysis considers whether those common shapes contribute distinctiveness to the mark.
Read articleTrademark Similarity Case: JS Jangsu Gudeul
A mark combining words or graphics need not always be pronounced as a whole. Where the elements are not naturally inseparable, a distinctive part may determine how consumers refer to the mark.
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