# Trademark distinctiveness: description or suggestion? The Simpleat decision illustrates why the immediate impression of a mark differs from a description of the product sold under it. Source: https://www.iplexlaw.co.kr/en/blog/brunch-case-1864 HOME / NEWS & INSIGHTS NEWS & INSIGHTS Trademark distinctiveness: description or suggestion? The Simpleat decision illustrates why the immediate impression of a mark differs from a description of the product sold under it. Designs & Trademarks 2026.10.22 published IPLEX 6 min read The Simpleat dispute On 17 October 2024, the Korean Patent Court in 2024Heo11507 cancelled the invalidity decision 2023Dang2735 of 8 March 2024. The dispute concerned Simpleat, registration 1665940, filed on 22 April 2019 and registered on 25 November 2020. Its Class 30 goods included processed cereals, yeast, sauces, seasonings, bread and confectionery. Assess the sign as a whole The mark combined orange italic lettering with darker red upright lettering, without a space and in similar sizes. Simpleat blends Simple and Eat by omitting an e; it is neither an ordinary grammatical expression nor a dictionary word. Its compact pronunciation also mattered. The court assessed the overall sign rather than granting separate monopolies over Simple or Eat. Colours and lettering of the registered Simpleat mark An inference is not an immediate description Consumers might associate the coined mark with food that is easy to eat, but that required an intervening inference. The mark did not directly and immediately describe the quality or characteristics of the designated goods. Suggestiveness and descriptiveness must be distinguished through the actual perception of the sign. What packaging and reviews can prove Descriptions on packaging and reviews praising a product’s convenience concerned the goods actually sold. They did not necessarily establish how consumers would understand the mark itself at first encounter. Evidence must be connected to the proposition for which it is offered, rather than treating all references to convenience as proof of descriptive use. The relevant date and remaining grounds The court found no persuasive evidence that Simpleat was a generic snack designation or a widely used expression by the registration-decision date, 30 October 2020. Nor were other lack-of-distinctiveness grounds or misleading quality indications established for goods such as fermented paste, yeast and seasonings. The invalidity decision could therefore not stand. Lessons for clearance and disputes A coined spelling is not automatically registrable. Examine the full sign, the designated goods, contemporary trade usage and whether the alleged meaning is immediate or reached through association. This case concerns validity of a Korean registration; it does not decide infringement or confer exclusive rights to ordinary words separately. The original figure labels and forms are preserved; the text explains the source material. Read the Korean source This article reflects the information available when it was published. Contact us to discuss your circumstances. 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