# Trademark Similarity: A Review of a Court Decision

Class 32: apple juice, carbonated water, orange juice, bottled water for non-medical purposes, beer and stout, among other goods.

Source: https://www.iplexlaw.co.kr/en/blog/971126

HOME / NEWS & INSIGHTS NEWS & INSIGHTS Trademark Similarity: A Review of a Court Decision Class 32: apple juice, carbonated water, orange juice, bottled water for non-medical purposes, beer and stout, among other goods. Trademarks 2023.12.19 published IPLEX 3 min read 2002 Hu 2761(dismissed) Category Cited mark Registered mark at issue Mark Designated Goods Class 32: apple juice, carbonated water, orange juice, bottled water for non-medical purposes, beer and stout, among other goods. Category 32: Non-alcoholic fruit nectar, cider, malt beverage, carbonated water, isotonic drink, etc. [Similarity of the marks] 1. Appearance The cited mark places HITE inside a broad, nearly rectangular shield border with an opening at the top and a small graphic at the center of that opening: The registered HIVE mark uses a similar border and a small graphic in the corresponding position: The overall layouts are closely similar despite the T/V difference, the styling of the final letter and differences in the small graphic. 2. The Pronunciation The Korean pronunciations of HITE and HIVE share the first two of three syllables and differ only at the end. Their overall sound was therefore considered similar. 3. The concept HITE is a coined term that may evoke the well-known Hite brewery. HIVE has dictionary meanings relating to a beehive, but that meaning was not widely understood by Korean consumers. The conceptual difference therefore had limited source-distinguishing significance. [Designated goods] The Class 32 beverage goods overlapped, including cider, orange and grape juices, bottled water and carbonated water. The other beverages were also similar in characteristics, uses, sales channels and consumers. [Decisions] Despite conceptual differences, the marks were similar overall in appearance and pronunciation. Their goods were also similar, so the registration conflicted with the earlier-filed mark under former Article 8(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 Trademark Similarity Case Analysis: iSeum ↗ Older AI Times Column: Transformer Patents and Potential Infringement in AI Services ↗ 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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