IP Courts > Fokker Services B.V. vs. Trademark Office |
| Fokker Services B.V. vs. Trademark Office | November 9, 2004 | The Trademark Office opposed the application for FUTURE mark in class 12 filed by Fokker Services B.V. due to confusing similarity with the registered trademark SHIFT THE FUTURE held by NISSAN Motor Co. Ltd.
The Fokker Services B.V. appealed against the decision arguing that the FUTURE mark and SHIFT THE FUTURE mark are sufficiently distinctive that will not confuse average consumers and the marks co-exist in other countries.
The court cancelled the opposition of the Trademark Office and ruled for the registration of the mark FUTURE in the name of Fokker Services B.V. holding that the accompanying words (SHIFT THE) makes the marks quite distinctive as to writing, appearance and pronunciation that will not confuse the average consumers.
The Trademark Office did not file an appeal against the court decision. | | Reference: N/A |  |
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