Imagine that Maria files a mark in the area of medical diagnostics containing the expression “ONE”. The application is refused due to the existence of multiple prior trademarks that also use the term “ONE”.
Technical analysis may consider:
- whether the term is in common or evocative use in the segment;
- if the consumer public has a high level of attention;
- whether the complete nominative set generates its own identity;
- whether there is an actual likelihood of confusion.
The simple repetition of a term is not always enough to prevent registration, especially when the trademark set has individuality.