Advertising - Slogan Check essential

Advertising campaigns are often not checked for problems with earlier marks. That is dangerous, especially if a campaign is planned to run for a long time. Chivas found this out the hard way. Chivas wanted to protect the slogan CHIVAS LIVE WITH CHIVALRY.

A simple check in the registry could have prevented the following problem from ever occurring.
The Scottish Whisky company Glencairn opposed against Chivas’ mark based on its English trademark registration, which concerned a label with the word CHIVALRY. Glencairn won the case. Similarity between an image (label) and a word (slogan) is possible. This is   particularly the case if the earlier mark plays an important role in the overall impression of the brand. In this case, the whole idea is based around the slogan and around the word CHIVALRY. The average consumer may therefore think there is an economic link between the two brands (indirect confusion).



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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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