# Trademark Similarity: UNSTRESS versus STRESS-OUT and Another Mark

When marks are used on the same goods, compare their appearance, sound and meaning objectively, both overall and as encountered separately, to assess the likelihood of source confusion.

Source: https://www.iplexlaw.co.kr/en/blog/799578

HOME / NEWS & INSIGHTS NEWS & INSIGHTS Trademark Similarity: UNSTRESS versus STRESS-OUT and Another Mark When marks are used on the same goods, compare their appearance, sound and meaning objectively, both overall and as encountered separately, to assess the likelihood of source confusion. Trademarks 2023.02.20 published IPLEX 3 min read 2005 Heo 4638 Trademark refusal [Principles of Judgment] Trademark similarity is assessed objectively and as a whole through appearance, pronunciation and concept, considering the marks as encountered separately and whether consumers may confuse the source of the goods. Earlier registered Trademark 1 The Earlier registered Trademark 2 Applied for trademark Mark STRESS-OUT STRESS BUFFER UNSTRESS Designated Goods Class 3: nourishing cream, rose oil, lavender oil, cosmetic masks, cosmetic foam, sun-care preparations, toilet soap, cosmetics, toothpaste and false eyelashes. Skin cream and skin lotion (earlier-filed mark). Lavender oil, skin milk, cosmetic deodorants, beauty soap, shampoo, toothpaste, perfume, massage oil, facial masks and beauty essences. [Similarity assessment] 1. Appearance and Pronunciation The applied-for mark combines the negative prefix “UN” with “STRESS”, meaning tension or pressure. Earlier mark 1 combines “STRESS” with “OUT”, suggesting removal or release. 2. Concept “UNSTRESS” may suggest preventing or relieving stress, while “STRESS-OUT” suggests escaping or getting rid of stress. [Decisions] Despite some differences in appearance and pronunciation, the marks have similar concepts that could cause confusion as to source. The court found the applied-for mark similar to earlier mark 1. 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: AUTOMAGICALLY versus MAGIC AUTO ↗ Older Figurative Trademark Similarity: Case-Law Summary ↗ 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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