DECEPTIVE MARK

Facts In the case of the filed international device mark SPIRIT for goods in class 32 the Hungarian Intellectual Property Office (HIPO) issued ex officio a provisional refusal in respect of Hungary holding that the mark applied for is misleading as the spirit means...
Fallibility of a three dimensional mark

Fallibility of a three dimensional mark

FACTS This article ought to be started with a report on a previous cancellation procedure, object of which was the same three dimensional mark, the RUBIC CUBE. The Hungarian Intellectual Property Office (HIPO) rejected the cancellation request holding that the...
UNSUCCESFUL PROBATION OF THE USE OF A MARK

UNSUCCESFUL PROBATION OF THE USE OF A MARK

FACTS The applicant filed the International device mark for goods in class 30 (foodstuffs). Against the Hungarian part of the International mark Aldiva, the owner of the European mark protected also for foodstuffs in class 30, has filed opposition (Aldi was owner of...
APPRECIATION OF LIKELIHOOD OF CONFUSION

APPRECIATION OF LIKELIHOOD OF CONFUSION

Decisions on likelihood of confusion always contain subjective elements, which is the case probably in most of the countries. FACTS Applicant filed the word combination: for registration as a mark in respect of goods in Class 17 insulating materials, etc. The owner of...
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