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1.
The state registration of a trademark under a junior application, identical to a senior trademark, in the name of the same right holder and in respect of the same or overlapping (identical) goods is contradictory to the nature of the exclusive right, and so is contrary to the public interest.
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2.
Insignificant differences in the font of a sign (its size, placement, etc.) are of no legal significance in establishing the identity of the opposing signs.
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3.
A series of trademarks can be formed by way of attachment to a strong element of different formants or unprotected signs. In order for the consumer to draw the conclusion that the element forms a series of trademarks belonging to the same manufacturer the element in question must possess distinctiveness, either initially or acquired as a result of use.
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Translated from the Russian by Polina Zubenko.
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Civil Code, Art. 1483; Rule No. 482, subpara. 37 and paras. 41–44. “Azamat Valerianovich Ibatullin”. IIC 52, 1282–1285 (2021). https://doi.org/10.1007/s40319-021-01118-x
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DOI: https://doi.org/10.1007/s40319-021-01118-x