- is the mark confusingly similar--visually, phonetically and conceptually (viewed as a whole)--the likelihood of confusion test and the semblance test?
- is the trade mark well-known? resources expended in its promotion etc? knowness? geographical area of use of the trade mark (prior use/co-existence)
- under what circumstances can two trade marks co-exist in the register?
- what does the mark seek to achieve? distinctiveness and distinguishment role?
- disclaimers
- imperfect recollection, reasonable average shopper and impression created to his eyes, possibility of confusion arising out of oral communication and imperfect pronunciation.
Wednesday, 24 April 2013
TRADE MARK LAW IN KENYA
GROUNDS OF OPPOSITION TO THE REGISTRABILITY OF TRADE MARK
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The Test
ReplyDeleteRe Pianotist Co’s Application (1906)
23 RPC 774 at 777:
“You must take the two words. You must judge of them, both by
their look and by their sound. You must consider the nature and
kind of customer who would be likely to buy those goods. In fact,
you must consider all the surrounding circumstances; and you
must further consider what is likely to happen if each of those trade
marks is used in a normal way as a trade mark for the goods of the
respective owners of the marks.”
wonderful, thanks
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