Clearly distinguishing additions
An addition can distinguish – if it is itself distinctive and marks the overall impression. Generic appendages like "Swiss" or "Group" precisely do not suffice for this.
When an addition truly separates
What is decisive is the distinctiveness of the addition. A characteristic, striking element can shift the overall impression to the point that a likelihood of confusion no longer exists.
Purely descriptive or promotional additions cannot do this – they are the counterpart and figure among the structure-related signals (generic additions).
The weighing
A strong addition on the exonerating side
A distinctive, striking addition can clearly separate two trademarks – a generic addition cannot.
Does NOT separate (increases the risk)
- "Swiss", "Group", "Pro", "24"
- purely descriptive additions
Separates (reduces the risk)
- characteristic, striking addition
- shifts the overall impression
Generic ≠ distinctive
An accessory creates no distance. Only a distinctive addition truly distinguishes.
How we take this into account
Pro distinguishes whether an addition separates strikingly or is merely a descriptive accessory – so that results are classified correctly and false alerts are avoided.
Results that make sense
Activate free basic protection. The weighted assessment across all factors is what Pro delivers.
This article is for information and does not constitute legal advice.