13 Dec 2007
INTELLECTUAL RESERVE INC. V ROBERT SINTES HC AK CIV-2007-404-2610
- Citation
- openlaw-23a71a7f_dbf3_44b6_ade3_a44790650554.pdf
- Court
- High Court
Although the applied-for mark is similar to Intellectual Reserve's FAMILYSEARCH word and stylised marks, the services covered by the application (personal tracing and reuniting living family) are not the same or sufficiently similar to the goods and services of Intellectual Reserve (primarily do-it-yourself genealogical goods and training/wholesale services); therefore registration is not prohibited by ss25(1)(b) or 25(1)(c); s17 and s18 grounds likewise fail because the mark as filed (word plus device) is capable of distinguishing and no trade connection or likely prejudice was established;…