# Trademark Similarity: birdie versus Blue Birdie

Similarity is assessed through the marks' appearance, sound and meaning, considering consumers' overall impression and potential confusion about source. The analysis also considers how the individual word and graphic elements contribute to that impression.

Source: https://www.iplexlaw.co.kr/en/blog/818600

HOME / NEWS & INSIGHTS NEWS & INSIGHTS Trademark Similarity: birdie versus Blue Birdie Similarity is assessed through the marks' appearance, sound and meaning, considering consumers' overall impression and potential confusion about source. The analysis also considers how the individual word and graphic elements contribute to that impression. Trademarks 2023.03.27 published IPLEX 3 min read 2008 Heo 8723 Trademark refusal [Principles of Judgment] Trademark similarity is assessed as a whole from the perspective of ordinary consumers and traders, considering appearance, pronunciation and concept. A distinctive element of a composite mark may be considered separately unless its components are inseparably combined. Earlier registered mark Applied for trademark Mark Designated Goods Golf shoes and nine other goods in former Class 27 under the Trademark Act Enforcement Rules before amendment by Ministry of Trade and Industry Ordinance No. 83 of 23 February 1998. Class 25: women's golf outfits, golf trousers, golf shorts, golf skirts, golf vests, golf jackets, golf caps, golf socks, golf shoes and women's golf shirts. [Similarity of the marks] The applied-for mark combines “birdie”, meaning a small bird or a golf score of one under par, with a bird device at the upper right. The earlier mark " With You " combines a device with the words “Blue Birdie” above it. The marks differ in appearance. In both marks, the wording can be observed separately from the device, as the combination does not create an inseparable new concept. In the earlier mark, “Birdie” can also be considered separately from “Blue”, which has relatively weak distinctiveness. Both marks may be referred to by the common element “birdie” or “Birdie”. In that form their pronunciation and concept are identical, making the marks similar. [Similarity of the designated goods] The parties did not dispute that both marks designate golf shoes. [Decisions] The marks are similar and their designated golf shoes are identical. 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: ORGASOL versus ORAG ↗ Older Trademark Similarity: bistro dº versus BISTRO ↗ 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

- https://www.iplexlaw.co.kr/en
- https://www.iplexlaw.co.kr/en/blog/category/trademark
- https://www.iplexlaw.co.kr/forum/view/818600
- https://www.iplexlaw.co.kr/en/contact
- https://www.iplexlaw.co.kr/en/blog
- https://www.iplexlaw.co.kr/en/ip-solutions/trademark#related-insights
- https://www.iplexlaw.co.kr/en/ip-solutions/disputes#related-insights
- https://www.iplexlaw.co.kr/en/contact
- https://www.iplexlaw.co.kr/en/blog/824754
- https://www.iplexlaw.co.kr/en/blog/817208
- https://www.iplexlaw.co.kr/en/blog/brunch-case-1782
- https://www.iplexlaw.co.kr/en/blog/brunch-case-1782
- https://www.iplexlaw.co.kr/en/blog/brunch-case-1776
- https://www.iplexlaw.co.kr/en/blog/brunch-case-1776
- https://www.iplexlaw.co.kr/en/blog/brunch-case-1771
- https://www.iplexlaw.co.kr/en/blog/brunch-case-1771