# Trademark Similarity: bistro dº versus BISTRO

A composite service mark may be referred to or understood through an independently distinctive element where separating its components would not be unnatural in trade. More than one pronunciation or meaning may therefore arise.

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HOME / NEWS & INSIGHTS NEWS & INSIGHTS Trademark Similarity: bistro dº versus BISTRO A composite service mark may be referred to or understood through an independently distinctive element where separating its components would not be unnatural in trade. More than one pronunciation or meaning may therefore arise. Trademarks 2023.03.22 published IPLEX 3 min read 2007 Heo 4922 Trademark refusal [Principles of Judgment] A composite service mark may be pronounced or perceived through a distinctive component unless its elements are inseparably combined. A weakly distinctive component generally does not serve as the dominant element on its own. Earlier registered Service Mark Applied-for service mark Mark Designated Designated services Real-estate services, shopping-center management, sauna services, tourist information, nightclubs, meeting and banquet facilities, wedding services, hotels and restaurants, under the classification preceding the amendment by Ordinance No. 83 of 23 February 1998. Self-service restaurants, restaurant chains, Western-style restaurants, restaurants, cafeterias, cafés, snack bars and other food-service establishments. [Appearance, pronunciation and concept] 1. Appearance The applied-for service mark combines “bistro” and “d˚” with a space between them. The earlier service mark combines “BISTRO” with its Korean transliteration in a vertical arrangement. Their appearances differ. 2. Pronunciation and concept The components “bistro” and “d˚” are not so inseparably combined that observing them separately would be commercially unnatural. The mark can be pronounced and perceived by “bistro” alone, or as “bistro d˚” as a whole. The “d˚” element is a simple, common combination of a lowercase letter and a degree symbol. If the applied-for mark is abbreviated to “bistro”, the two service marks have the same pronunciation and concept. [Similarity of the designated services] The applied-for mark's restaurant services are identical or similar to the earlier mark's hotel and restaurant services. [Decisions] Despite their different appearances, the marks share the same pronunciation and concept when referred to as “bistro”. Their services are identical or similar, and the court found the service marks similar. 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: birdie versus Blue Birdie ↗ Older Certification as an Intellectual Property Instructor ↗ 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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