# Trademark Similarity Case: Seolhwang

The registered mark comprises five Chinese characters. The smaller “化粧品” element directly indicates or evokes the designated cosmetics and lacks distinctiveness. By contrast, “雪黃” is a coined expression unrelated to the designated goods and is distinctive.

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HOME / NEWS & INSIGHTS NEWS & INSIGHTS Trademark Similarity Case: Seolhwang The registered mark comprises five Chinese characters. The smaller “化粧品” element directly indicates or evokes the designated cosmetics and lacks distinctiveness. By contrast, “雪黃” is a coined expression unrelated to the designated goods and is distinctive. Trademarks 2023.01.25 published IPLEX 2 min read 2011 Heo 2619 Trademark registration invalidation (Earlier registered trademark) Designated goods : Beverage flavoring, household cleaners, etc [Registered trademark] designated goods : massage gel, massage oil, etc. [Comparison with the earlier registered mark] 1) Dominant element of the registered mark The registered mark comprises five Chinese characters. The smaller “化粧品” element directly indicates or evokes the designated cosmetics and lacks distinctiveness. By contrast, “雪黃” is a coined expression unrelated to the designated goods and is distinctive. A dominant element independently distinguishes the goods or leaves an impression in consumers' memories that identifies their source. 2) Appearance The dominant element “雪黃” and the earlier mark “雪花” each consist of two Chinese characters. Although they share the first character “雪”, the second characters “黃” and “花” are clearly distinguishable, so the overall appearances are not similar. 3) Pronunciation The dominant element “雪黃” is pronounced “Seolhwang”, while the earlier mark “雪花” is pronounced “Seolhwa”. The final ng sound in the second syllable creates a different auditory impression. Because each expression has only two syllables, consumers can readily distinguish “hwang” from “hwa”. 4) Concept “雪黃” may suggest “yellow snow” from its Chinese characters or be perceived as a coined term without a definite meaning. “雪花” means “snowflake” or “snow flower”. Their concepts therefore differ. [Decisions] The marks differ in appearance, pronunciation and concept and are dissimilar overall. The court also considered the attention paid to cosmetic brands by the relevant consumers and found no likelihood of confusion from the limited shared elements. Read the Korean source This article reflects the information available when it was published. Contact us to discuss your circumstances. Discuss this topic ↗ All articles Related service: Designs & trade marks ↗ Related service: IP disputes & appeals ↗ TALK TO IPLEX Discuss your IP questions We consider your technology and business needs together. ↗ Contact us Newer Trademark Similarity: How Courts Assess Similar Appearance ↗ Older Trademark Similarity Case: Enlux ↗ Related insights Trademarks 2026.10.01 TikTok for confectionery: dilution can prevent registration in Korea Korean Patent Court case 2025Heo10379 explains why different goods and later commercial success did not overcome the reputation and distinctiveness of TikTok. ↗ Read article Trademarks 2026.09.30 Can Fear of a Trade Mark Dispute Justify Non-Use? Korean Supreme Court decision 2024후10504 separates an intention to launch from actual use and objective obstacles beyond the owner’s control. ↗ Read article Trademarks 2026.09.29 An App Name: A Mark for Software or for the Service It Delivers? The 010PAY decision, 2025허10405, considers actual transactions, revenue and the proper subject of Korean trade mark scope proceedings. ↗ Read article

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