2011年2月8日火曜日

「KIDS」 is not distinctive word?

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)
Class 35
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?

1 件のコメント:

  1. I can not indicate whether to agree or not, because I can not understand what device or services of the mark of the pending application or cited trademark.

    However, it is noted that if designated goods or services of the mark of the pending application is similar to that of the cited trademark, I believe that those are respectively similar; that is, I can not agree with this decision.

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