No doubt all trade mark lawyers worth their salt have committed the following phrase to memory and a few will have it etched on their tombstones in years to come:

“The [insert what’s being tested for: distinctive character and confusion are favourites] must be analysed from the viewpoint of the average consumer of such types of products or services, the consumer being deemed to be reasonably well informed and reasonably observant and circumspect”.

The way the IPKat sees this, there are two ways of reading this because, while the word “reasonable” is placed before “well informed” and “observant”, it is not used before “circumspect”. Is the consumer (i) reasonably well-informed, (ii) reasonably observant and (iii) reasonably circumspect or is he (i) reasonably well-informed, (ii) reasonably observant and (iii) circumspect. Anyone who can explain why the word “reasonably” was omitted from the final phrase and which is the correct reading (either by email or by leaving a comment) is in line to win the IPKat’s usual mystery star prize.

Find out if you’re circumspect here
King James says be circumspect here
Compose circumspectly here
Listen with circumspection here

IPKAT RIDDLE: A DEGREE OF CIRCUMSPECTION IPKAT RIDDLE: A DEGREE OF CIRCUMSPECTION Reviewed by Jeremy and Ilanah on Saturday, January 17, 2004 Rating: 5

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