# Trademark Similarity: Judicial Findings in Context

Compare the marks' appearance, sound and meaning in light of how ordinary consumers and traders perceive them. The central question is whether their use may cause confusion about the source of the goods.

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HOME / NEWS & INSIGHTS NEWS & INSIGHTS Trademark Similarity: Judicial Findings in Context Compare the marks' appearance, sound and meaning in light of how ordinary consumers and traders perceive them. The central question is whether their use may cause confusion about the source of the goods. Trademarks 2023.10.23 published IPLEX 4 min read 2005 Heo 8159 Trademark registration invalidation [Legal] Trademark similarity is assessed as a whole, objectively and at separate times, considering appearance, pronunciation, concept and the likelihood of source confusion. Naturally separable dominant elements may be considered. Goods and services are compared by their relationship, providers, purposes, sales locations and consumers, and whether use of similar marks could create an assumption of common source. [Service mark at issue] vs Mark Designated Goods Earlier registered Trademark 1 Class 14: diamonds, coral, crystals, sapphires, imitation gemstones, tiger's-eye stones, gold, silver and platinum articles, and aluminum gold The Earlier registered Trademark 2 Class 14: diamonds, coral, crystals, sapphires, imitation gemstones, tiger's-eye stones, gold, silver and platinum articles, and aluminum gold The Earlier registered Trademark 3 Former Class 44 before the February 23, 1998 amendment: diamonds, coral, crystals, sapphires, imitation gemstones, tiger's-eye stones, gold, silver and platinum articles, and aluminum gold Earlier registered Trademark 4 Former Class 44: pearls, rubies, imitation gemstones, emeralds, jade, star sapphires, gold-alloy plating, silver-alloy bullion, platinum-alloy bullion and platinum foil Earlier registered Trademark 5 Former Class 44: diamonds, pearls, crystals, emeralds, sapphires, imitation gemstones, gold articles, gold plating, silver articles and platinum articles Earlier registered Trademark 6 Former Class 44: diamonds, pearls, crystals, emeralds, sapphires, imitation gemstones, gold articles, gold plating, silver articles and platinum articles [Similarity of the marks] The service mark at issue: combines three gem-shaped graphics with SAMSUNG, GEMOLOGICAL LABORATORY and SGL on three lines. These elements are separable. GEMOLOGICAL LABORATORY is descriptive of the appraisal services, allowing identification by SAMSUNG or SGL. When identified by SAMSUNG, the mark shares the earlier marks' pronunciation and concept and is similar overall. [Similarity of goods and services] Gem grading evaluates the quality of gemstones. Appraisal and jewelry sales commonly share businesses, premises and consumers, creating a close relationship between the services and the goods. [Decisions] The marks and their respective goods and services were similar. The service registration therefore fell under former Article 7(1)(7) and was subject to invalidation under Article 71(1)(1) of the Trademark Act. 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 IP Lecture for the Second NH Seed Cohort ↗ Older Trademark Similarity: A Case-Law Review ↗ 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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