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Spelling & variants · Examination signal

Upper and lower case

"naturplus", "NaturPlus" or "NATURPLUS" – a difference for the eye, but generally none in trademark law. Word marks are in principle assessed independently of whether they are written in capitals or lower case.

Why this hardly protects

A purely word mark protects the word as such – not a particular typographic representation. Whoever simply writes the same term in a different case changes neither the sound nor the meaning, and barely the overall impression.

For assessing the likelihood of confusion, case therefore generally plays no exonerating role. Those who rely on it alone are left practically unprotected.

Example

This is what such a collision looks like

Remember

The word counts, not the key combination

CamelCase, capitals or lower case – it stays the same word. And that's exactly how it is assessed.

Does free basic protection detect this?

An identical new filing of your term is already reported by free basic protection. But as soon as accents, additions or a changed spelling are added, the full similarity analysis of Pro is needed.

Keep your word mark in view

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This article is for information and does not constitute legal advice.