In view of the similarity of the definition of a trade mark in the United States and in the Community trade mark system, the present application should be acceptable. The applicant has registered the Community trade mark WALK FOR THE CURE in respect of charitable fund-raising services. The applicant's mark should therefore be held equally distinctive. The primary purpose of the mark is to inform the relevant public of a walk taking place to raise money for diabetes research. Because of this, it fails to act as an indicator of origin.
Walks are a popular way to raise funds for charity.
Other charities may wish to use similar titles to inform the public of the purpose of such an event. The relevant public would not analyse the mark to ascertain whether it is an inventive combination. With regards to the United States application for an identical mark, the Office is not bound by acceptance in non-member states. The mark is unique and distinctive. Through use of the applicant's registered Community trade mark WALK FOR THE CURE a reputation has been established in the field of diabetes research.