Lack of Distinctive Semantic Content in the Mark DK
By Vera Abogados
The mark DK is devoid of distinctive semantic elements, rendering it insufficiently differentiated from a pre-existing registered mark.
Claims contesting the administrative decision to deny registration of the composite mark DK for services in Class 41 of the Nice Classification have been dismissed. While the contested mark omits certain elements (words, numbers, punctuation) from the prior mark, this omission does not preclude a likelihood of confusion. The core distinctive element of the prior mark, DK, is fully replicated in the contested mark. Consequently, the mark DK lacks sufficient distinctiveness and differentiation from the prior registered mark.