Applicant should have been aware of opponent's well-known mark, even if parties are engaged in different sectors
In a landmark decision, the Re-examination and Evaluation Board of the Trademark and Patent Association has held that the owner of the opposed trademark should have been aware of the opponent’s well-known trademark, even though the parties are engaged in different sectors. The obligation to refrain from filing applications for trademarks that are identical or similar to well-known trademarks had so far been limited to the same sector.
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