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TITLE [Nullity of Registration (Trademark)]Supreme Court Decision 2004Hu912 Delivered on May 25, 2006 [full Text]
Summary
[1] Whether, of the parts comprising a trademark, a part with no or weak distinctiveness can by itself constitute an integral part [2] The method of deciding whether a constituting part of a trademark is ""integral part with distinctiveness"" [3] The case which held that the part ""Aren't we special?"" in the registered trademark, ""Color duet, Aren't we special?"" or the part ""I am special"" in the cited trademark, ""L'oreal, I am special"" may not be found as an integral part, because they have no or weak distinctiveness, and reversed the decision of the court below which regarded each of them as an ""integral part with distinctiveness"" and thus found the two trademarks similar to each other
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