Duro Sweden AB v OHIM, para 43, Case T-346/07
Citation: Duro Sweden AB v OHIM, para 43, Case T-346/07
Rule of thumb: If the same words are used in a design, is this a breach? No, the font, design, and juxtaposition of the words can make the same words mean completely different things.
Judgment: Sometimes simple designs can indeed be deemed to be distinctive, ‘... sufficiently far removed... perceptible difference... the existence of ... a difference assumes that the combination resulting from the brining together of the two word elements assumes that the combination resulting from the bringing together of the two word elements is sufficiently far removed from that produced by the simple juxtaposition of those elements’.
Sometimes simple designs can indeed be deemed to be distinctive, ‘... sufficiently far removed... perceptible difference... the existence of ... a difference assumes that the combination resulting from the brining together of the two word elements assumes that the combination resulting from the bringing together of the two word elements is sufficiently far removed from that produced by the simple juxtaposition of those elements’.
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