# Trademark Similarity: LOTTE DE ART versus ART

“ART” can mean art, technique or skill, but it is not a customary description of the confectionery goods covered by the marks.

Source: https://www.iplexlaw.co.kr/en/blog/965710

HOME / NEWS & INSIGHTS NEWS & INSIGHTS Trademark Similarity: LOTTE DE ART versus ART “ART” can mean art, technique or skill, but it is not a customary description of the confectionery goods covered by the marks. Trademarks 2023.12.08 published IPLEX 2 min read 2002 Heo 4200(dismissed) Cited mark Applied-for mark ART [Distinctiveness of ART in the applied-for mark] ART can mean art, technique or skill. Those meanings do not directly describe confectionery, so the term can distinguish the source of the designated goods. Other registrations containing ART, such as ART BOX, CRE ART, ART LAND, ROMAN ART, RICHART and FINE ART, did not by themselves establish that ART lacked distinctiveness. [Similarity of the marks] 1. Appearance The applied-for trademark and the trademark are not similar in their appearance. 2. Pronunciation and concept The layout separated LOTTE from DE ART, and ART could be perceived independently within the latter element. The applied-for mark could therefore be identified by ART alone. When identified by ART, the applied-for mark shared the cited mark's pronunciation and meanings of art, technique or skill. [Decisions] Although the appearances differed, the identical dominant pronunciation and concept made the marks similar overall for identical or similar goods. 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: Case Summary ↗ Older Trademark Similarity: GINGANET versus ZINKA ↗ 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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