The trademark 4 OUT LIVING was refused because the typography was deemed almost identical to the older CTM registration Living & Co. Of course the goods of the trademarks were identical. Typography is the red headed stepchild of a mark’s distinctive characters. Often seen as nothing more than a decoration and certainly not seen as a contributing distinctive element. This case clearly demonstrates that this view is wrong and that there is more to typography. A certain typography may, in fact, give you a wide scope of protection.
