Wide protection HORSE logo

To anticipate a refusal, descriptive marks are often filed in conjunction with a logo. But how broad is that protection exactly? Especially if the picture elements is strongly allusive or descriptive. When the logo for HORSE COUTURE was requested for leather goods, the registered proprietor of the Portuguese HORSE logo objected.

The court held that the marks are similar. Both brands contain the element HORSE and an image of a horse. As a result, the marks were deemed conceptually and aurally similar. Because the products are identical, the visual differences are not sufficient to offset the aural and conceptual similarities. Likelihood of confusion is present and the brand HORSE COUTURE was therefore refused.


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MENTOS has been selling chewing gum under the name MENTOS PURE FRESH for several years. In order to protect her rights MENTOS has registered the following trademarks: the logo MENTOS PURE FRESH, the logo MENTOS PURE FRESH 3 and a figurative depiction of the word PURE. Defendant sells chewing gum under the trademark DENTYNE PURE and has registered its logo as a trademark. Infringement or not?
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