In the comprehensive assessment of the likelihood of confusion of opposing signs, descriptive elements are not excluded up front or in general from the evaluation of similarity. This does not, however, rule out the possibility of one or more components of a complex mark being characteristic of the overall impression. This standard must also be applied when evaluating a one-word sign composed of several elements.
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Official headnotes. Translated from the German by Allison Felmy.
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Trade Mark Act, Sec. 9(1) No. 2. “YOOFOOD/YO”. IIC 52, 355–362 (2021). https://doi.org/10.1007/s40319-021-01042-0
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DOI: https://doi.org/10.1007/s40319-021-01042-0