CLASS 46
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THURSDAY, 28 MAY 2009
AIRKRAFT mark gets off the ground in Cyprus
Tags: Cyprus, Registrability,
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AIRKRAFT mark gets off the ground in Cyprus
In 2001 AJR Suspansiyon Sistemleri Sanayi Ve Ticaret Anonim Sirketi applied for the international registration of the trade mark AIRKRAFT for goods in Classes 12, 17 and 27, including air springs for vehicles. The AIRKRAFT mark was already registered in over 50 countries (including Austria, Finland, France, Germany, Greece, Italy, Poland and the United States), with registration pending in several other countries. Last year the registrar of trade marks in Cyprus filed a provisional refusal for goods in Class 12, based on absolute grounds under Sections 11(1)(b) and (f) of the Trade Marks Law (marks which are non-distinctive or deceptive).
During a second hearing, AJR Suspansiyon argued that many words that may bring certain goods to mind have been registered for other products. For example, DIESEL is registered for clothing and the VANS mark for shoes, and that the public would not be deceived or confused as to the nature of the goods, as the elements 'air' and 'kraft' meant 'air power'. It also submitted that 'airkraft' was an invented word which alluded to the fact that the goods at issue use the power of air in order to function, and that there was no likelihood of confusion between the term 'aircraft' and the AIRKRAFT mark, as many words in the English language sound the same, but are written differently and have different meanings. After examining this second set of arguments, the registrar decided to allow the registration of the mark.
Posted by: Blog Administrator @ 14.42Tags: Cyprus, Registrability,
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