# Trademark Similarity: How Courts Assess Similar Appearance

Visual similarity concerns whether the words, graphics and symbols of the marks could be confused as indicators of origin. Assess their overall visual impressions as encountered separately, rather than relying solely on a side-by-side comparison.

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HOME / NEWS & INSIGHTS NEWS & INSIGHTS Trademark Similarity: How Courts Assess Similar Appearance Visual similarity concerns whether the words, graphics and symbols of the marks could be confused as indicators of origin. Assess their overall visual impressions as encountered separately, rather than relying solely on a side-by-side comparison. Trademarks 2023.01.26 published IPLEX 3 min read 2007 Heo 6249 Trademark refusal [General principles of similarity assessment] Visual similarity concerns whether the words, graphics and symbols of the marks could be confused as indicators of origin. Assess their overall visual impressions as encountered separately, rather than relying solely on a side-by-side comparison. (Earlier registered trademark) Designated Goods: Lavender Oil, Skin Milk, Cosmetic Deodorant, etc. Mark [Applied for trademark] Designated Goods: Artificial Eyelashes, Artificial Nails, etc. Mark [Similarity of the marks] 1. Appearance “Ipum” and “Ipsum” use similar lettering and share the same letters apart from the additional “s” in the earlier mark. Their capitalization and overall visual presentation are alike. 2. The Pronunciation Although their ordinary pronunciations differ, consumers encountering the marks separately may confuse the similar spellings and pronounce one as the other. Their pronunciations may therefore be identical or similar in actual perception. 3. The concept Both are coined terms without a definite concept to compare. [Similarity of the designated goods] The applied-for mark's false eyelashes, eyelash adhesives and artificial nails are cosmetic goods similar to the earlier mark's skin milk, cosmetic deodorants, perfume and lipstick. They share sales outlets and consumers. [Decisions] The marks have similar overall appearances and designate similar goods. The court found a likelihood of confusion and refused registration. 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: PRAGRAN versus PROGRAF ↗ Older Trademark Similarity Case: Seolhwang ↗ 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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