Infogiur Trademark

Carlo Rossi and Partners Law Firm Italy

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IP Law Firm - Trademark

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Our firm has a team of qualified professionals focused on commercial and business law. The firm represents a variety of types of businesses, from manufacturing to service companies.
The firm’s practice focuses in the areas of commercial and business law, debt recovery, bankruptcy law, computers and technology law, privacy and data protection. The firm’s services include contract drafting and negotiation, advising on matters of intellectual property law and regulatory compliance, and resolving disputes before they escalate into litigation.                                                                                  


Important decisions concerning Trademark application

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Check of requisites for trademark registration and protection
Requisites for trademark validity are:
- novelty: the trademark should be novel, that means that it can not be identical or similar -  confusingly similar to an earlier trademark registered for identical or similar products, or to a company name or a trade name etc. of competitors operating in the same field. To this purpose our Law Firm can provide identity and similarity search in order to check any pre-existence of filed or registered trademark. Besides, a trademark should not consist exclusively of signs that have become customary in current language or in established practices of the trade.
- distinctiveness: the trademark can not consist exclusively of generic denomination of goods/services or in descriptive indications related to them, as signs or indication which may serve, in trade, to designate the kind, quality, quantity, intended purpose, value, geographical origin or the time of production of the goods or of rendering of the service, or other characteristics of the goods or service. Our Law Firm always check these grounds, providing the Client with advice concerning best solutions in case of critical situation with reference to the requisite of distinctiveness. (Please see the document concerning confusingly similar trademarks).
- lawfulness: the following shall not be registered: trademarks which are contrary to public policy or to accepted principles of morality; trademarks which are of such a nature as to deceive the public, for instance as to the nature, quality or geographical origin of the goods or service; signs which may be prohibited by virtue of an earlier right: a right to name, a copyright, an industrial property right.

Last Updated on Wednesday, 21 July 2010 16:37

Judicial Decisions concerning trademark likehood of confusion

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 Here you can find the Judicial Decisions concerning trademark likehood of confusion.

Last Updated on Wednesday, 21 July 2010 15:58

Likelihood of Confusion TINYX - INYX

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OHIM Decision Nº: 000975021 Opposition Nº: 000975021  Date: 16/10/09 
Visually, the marks coincide in the sequence INYX and differ in that the earlier mark starts by the letter T which does not exist in the contested mark. Moreover, the contested mark is fully included in the earlier mark. Bearing in mind the foregoing the Office considers that there is a high degree of visual similarity.
Aurally, the earlier sign is pronounced as “TI/NYX” and the contested mark as “I/ NYX”.


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