Appeal against decision of refusal No.2009-15059
Relevant article: Trademark law 4-1-11
Result: approval to register (not similar to the cited trademark)
Decision date: September 28, 2010
<Reason of decision>
As the present mark consists of a word “Kids” with device, considering relation the mark with the designated services of the present application, “Kids” represents quality of services. The part of the mark "Kids" does not fulfill a function as a trademark. Therefore, it should be deemed that the present mark is NOT similar to the cited trademark.
Can you agree with this decision?