Case 2025Heo10277 distinguishes identification of the compared invention, acts of production and the continuing interest in a scope determination from the merits of infringement.
A practical guide to Saudi trade mark prosecution, representation, public-order restrictions, Hijri renewal dates and Madrid accession on 8 October 2026.
A railing-pipe dispute illustrates the importance of appearances during sale and installation, prior designs and functional features in assessing overall visual impression.
Korean Patent Court case 2025Heo10379 explains why different goods and later commercial success did not overcome the reputation and distinctiveness of TikTok.
Eligibility and practical limits of Korea’s rapid patent, utility-model and trade mark examination tracks, including 2026 expansions and announced next steps.
Yongduck Kim examines Multi-Head Attention Residuals: depth routing, reported training results, implementation costs and the relationship between technical features and effects.
A practical guide to Brazilian trademark applications, including Portuguese wording, opposition deadlines, prior use, non-use cancellation and renewal.
Writing for AI Times, IPLEX Managing Partner Yongduck Kim examines the training data behind computer-operating AI agents through U.S. Patent No. 12,585,862.
Explore trademark filing in India, prior-user protection, series marks, hearings, the four-month opposition period and coordination with local counsel.
Explore how IPLEX combines AI and software expertise with a practical understanding of business strategy. The interview discusses education for founders, mentoring and communication with clients.
A guide for businesses protecting their brands in Australia, covering application, examination and registration, as well as the TM Headstart preliminary assessment service.
For businesses entering North America, trademark protection in Canada deserves separate consideration. Although some features resemble Korean practice, filing and registration procedures, descriptions of goods and services, use requirements and non-use cancellation rules differ.
Reward-based reinforcement learning is increasingly used to improve the reasoning capabilities of large language models. PPO-style policy optimization is a common approach. Methods such as GRPO, Dr.GRPO, GSPO and REINFORCE++ modify advantage estimation or normalization while seeking to avoid excessive policy changes in a single update...
Design shapes a product's first impression and influences purchasing decisions. In fast-moving sectors such as fashion and household goods, obtaining protection promptly can be particularly important.
The term AI agent is used widely, but its meaning varies. It may describe a chatbot with search capabilities or a system that plans tasks and operates external tools. Recent research explores these distinctions...
The Philippines is an important market for businesses expanding into Southeast Asia. Local trademark protection should be considered before offering goods or services or building a brand there.
Conversational AI can lose track of requirements as a discussion grows longer. A model may repeat a corrected mistake or continue relying on an earlier assumption even though the conversation remains in its context...
An AI agent asked to navigate a website, find information and recover from a failed action faces a different task from simply answering a question. It must coordinate a sequence of actions, observations and decisions, including correcting errors along the way...
Trademark rights are territorial. Businesses entering new markets should consider local protection for the names and logos used for their products and services.
Most large language models are deployed with fixed weights after training. Even when a user supplies a long document, the model processes its tokens within the attention mechanism and context window without directly adapting its weights to that document. In-Place Test-Time Training explores an alternative...
UI and UX help distinguish mobile apps and web services. Screen layouts, icons and graphics can be valuable design assets developed through substantial investment.
Brand protection is increasingly important as Korean businesses expand into Southeast Asia. Interest in Korean brands in Malaysia has grown alongside K-content, K-beauty and K-food.
For businesses taking a brand overseas, the timing of foreign trademark applications after the initial Korean filing is an important strategic decision.
Vietnam is a major market for Korean businesses. Expansion in cosmetics, food, clothing, household goods and manufacturing makes local trademark protection increasingly important.
A single application may contain several inventions. Divisional applications allow an applicant to separate those inventions and pursue patent protection for them individually.
Disclosure before launch can expose a carefully developed design to imitation and reveal product-launch or marketing plans. Managing when a design becomes public is therefore an important business consideration.
The European Union is one of the world's largest single markets, with growing trade links to Korea. Korean businesses are expanding across automotive, electronics, chemicals and machinery, as well as cosmetics, food, fashion and IT services.
Startup IP work must align protection before disclosure, payment within the project's funding period and the documentation needed for expense reconciliation. At IPLEX, Managing Partner Yongduck Kim analyzes a startup's technology, brand and product appearance to guide patent, trademark and design applications...
The United States is a major consumer market where brand protection is essential. Unlike Korea, US practice places particular importance on first use and use in commerce, so filing or registration alone does not resolve every question of ownership or protection.
China is a major consumer market for Korean businesses. Protecting a brand there requires attention to trademark rights as well as the quality of the products or services.
A Korean trademark registration does not provide protection in every country. Businesses expanding internationally need to consider the procedures for securing rights in their target markets.
As digital distribution expands, Korean brands can attract customers in countries beyond their original target markets. This makes international trademark planning increasingly important.
International trademark protection is an important part of business strategy for Korean companies expanding abroad. The US market is particularly significant for global brand planning.
Businesses entering or exporting to China should plan for local trademark protection. Although the system has similarities to Korean practice, important procedural differences require attention.
A competitor's patent may complicate a product launch, or a business may receive an unexpected infringement warning. Understanding the available responses is essential.
The Philippines is a growing Southeast Asian market with an increasing Korean business presence. Companies planning to offer goods or services there should consider local trademark protection.
As product appearance becomes an increasingly important source of competitive advantage alongside function, design rights play a growing role in business strategy.
Product design contributes to competitiveness and brand value. A Korean registration may not provide sufficient protection against similar products abroad, where protection systems and examination standards differ...
Patent filing in China has similarities to Korean practice but important practical differences. Early decisions include the type of protection to seek, consistency in applicant names and claim drafting for computer-implemented inventions.
Trademark disputes affect startups, small businesses and independent brands as well as major companies. Even a single dispute can have serious commercial consequences.
A trademark conveys a business's identity, reputation and brand value. Securing protection is an important consideration in an increasingly competitive global market.
Technology can be a major asset for businesses entering international markets. Without appropriate protection, it may be exposed to imitation or disputes abroad.
International IP planning includes trademarks as well as patents. A company's name and brand are often among the first assets to protect, and businesses preparing to expand abroad increasingly seek advice on trademark filing.
Russia is a key member of the Eurasian Economic Union (EAEU) and a strategic trading hub connecting Europe and Asia. In recent years, Russian consumers have increased their brand awareness and loyalty in various industries such as energy, chemical, food, fashion and IT.
Vietnam's expanding manufacturing and IT sectors are attracting patent applications from overseas companies and research institutions. Growing interest from Korea, Japan, the US and Europe reflects its increasing role in global supply chains.
Many businesses file patent applications for new technology, but grant rates may be lower than they expect. Technical merit alone does not establish patentability.
A product's appearance often creates the first impression in a new market. Because design influences brand identity and purchasing decisions, businesses need to consider how to protect it.
Trademark protection is an early consideration in international expansion. As a financial and trading hub connecting mainland China with global markets, Hong Kong has particular strategic importance for many businesses.
A European patent application offers a centralized route to seek protection in several countries. It is an important option for businesses and individual inventors seeking to protect their R&D across Europe.
Japan has a well-developed design protection system. Korean businesses and designers should consider the requirements for filing with the Japan Patent Office (JPO).
Businesses entering Japan should consider trademark protection early. Although the system resembles Korean practice, procedures and examination standards differ in important respects.
The United States is a major, highly competitive consumer market where new products can quickly attract imitations. In sectors such as fashion, appliances, furnishings, household goods and IT accessories, securing design protection early can be commercially important.
The US is a major consumer market with intense competition between brands. Korean businesses entering the market should plan their trademark protection early.
Businesses often consider US patent protection after filing in Korea. US law follows a first-inventor-to-file system, making filing dates and disclosure history important when planning an application.
Yongduck Kim has joined Gyeonggi Technopark's expert roster for management and business support. He will advise SMEs and founders on IP through the Gyeonggi Intellectual Property Center.
An inventive idea may prompt the question, "Could this be patented?" Complex documentation, examination time and cost can nevertheless make the process seem daunting.
Design protection is particularly sensitive to trends and timing. Designs can be copied quickly, with multiple similar products appearing during a short commercial season.
Changes to Korea's Patent Act seek to protect applicants' rights and improve opportunities to obtain patents. The separate application procedure introduced in 2022 is one such measure. How does it differ from a divisional application?
As functional differences between products narrow, design becomes more important. Delays in registration can make it difficult to align protection with a product launch.
Patent examination and registration commonly take one to two years. In rapidly developing fields, delays can give competitors an advantage or cause businesses to miss commercial opportunities.
Commercializing technology may require exclusive use of a patented invention in a market, rather than permission to use it alongside others. An exclusive patent license is an important option in that situation.
A Malaysian trademark application may encounter a refusal during examination. For cosmetics, health foods and beauty products, wording that describes natural ingredients can raise distinctiveness issues.
When a company dissolves and enters liquidation, its patents, trademarks and designs are assets that must be addressed. Transfers by a company in liquidation, acting as assignor, involve additional requirements and practical considerations.
As product competitiveness moves beyond technology to aesthetic value, design has now become a key business asset that influences the product's first impression, consumer choice, and brand image.
A growing business may license its brand to others or seek permission to use another company's brand. Trademark licensing provides the framework for these arrangements.
How a patent is used matters as much as obtaining it. A non-exclusive license may be relevant when a rights holder cannot manufacture a product itself or a business wishes to use another party's technology lawfully.
Patents, trademarks, designs and copyright are all forms of intellectual property, but they protect different subject matter. Understanding those differences is essential when deciding how to protect a business's assets.
Businesses entering international markets need to plan brand protection. Delays in securing trademark rights can expose even competitive products and services to counterfeiting, imitation and unauthorized use, particularly as online sales and cross-border distribution expand.
The aim is to develop a practical international patent strategy that reflects the company's commercial direction and target markets, alongside handling the applications.
Businesses filing in Canada may assume its trademark rules match US practice. An important distinction is that Canada does not require proof of use at the application stage in the same way as the US system.
Genetic algorithms are established methods in AI and optimization. Inspired by evolution, they generate a population of candidate solutions and progressively improve it through selection, crossover and mutation.
AI Times has published Yongduck Kim's column on the message conveyed by a US Patent Office director's first official patent signature, examining how the design and description of AI technology affect patent protection.
Yongduck Kim's AI Times column examines Regie.ai's patents and the next stage of competition in enterprise AI. It focuses on the inventions defined in the patent documents, rather than the technology's marketing label alone.
IPLEX patent attorney Yongduck Kim served as a mentor and demo-day evaluator in Korea University's 2025 international student entrepreneurship program.
The Patent Court held that registered earphone-case designs incorporating design elements of travel luggage were invalid for lack of creativity (2024 Heo 14780 and 2024 Heo 14803). The decisions discuss similarity, ease of creation and standards in fields where designs are commonly adapted between products…
Combining a washing machine and dryer in a single tower can help households use space more efficiently. LG Electronics’ WashTower illustrates this approach and raises questions about trademark protection for the product name.
Electronic Times has published Yongduck Kim's analysis of Balancehero's patents and the role of AI patent protection in international fintech expansion.
AI Times has published the ninth article in Yongduck Kim's OpenAI patent analysis series, examining technology for explaining code in natural language.
Intellectual property rights protect the work of creators and inventors and encourage further innovation. Understanding those rights helps individuals and businesses protect the value of their creations.
Copyright arises when a qualifying work is created. Registration can help establish evidence of rights and support secure transactions. Although registration is not required for copyright to arise, it can provide a clearer basis for asserting those rights in a dispute.
Characters can be central to a brand’s identity, storytelling and fan community. Across games, animation, film and publishing, they are valuable commercial assets.
Copyright arises automatically when a qualifying work is created. Korean law does not require registration for protection to arise, but registration can help rights holders protect their works and assert their rights.
This article considers how the relevant requirements are established in litigation and disputes, and how evidence should be collected and presented. It introduces provisions including 17 U.S.C. §§102, 106 and 501 and relevant cases to explain practical approaches to copyright protection…
The U.S. Copyright Office publishes a variety of guidelines and statistics to ensure that copyright registration goes smoothly. This article is based on the Registration Processing Times data published by the U.S. Copyright Office.
IPLEX supported Nota's technology-based listing preparations. Nota received 'A, A' technology-evaluation grades, reported as a first in the AI model-compression field.
Strategies for Securing AI Patents, a new book by Yongduck Kim, Managing Partner of IPLEX, is being published as Volume 021 in the CommunicationBooks Artificial Intelligence series.
AI Times published Yongduck Kim’s article on unsupervised learning technologies and patent examples, examining how AI identifies hidden patterns and structures in data.
Artificial intelligence (AI), one of the key areas of computer science that artificially implements human learning, reasoning, and perceptual ability, is driving innovative change in many areas.
Gyeonggi Technopark has added Yongduck Kim to its expert roster for management and business support. Through the Gyeonggi Intellectual Property Center, he will provide IP advice to SMEs and founders.
The Korea Artificial Intelligence Association is a nonprofit organization that supports the AI ecosystem by connecting businesses, talent and information.
Bio Agora is an online communication platform where researchers and entrepreneurs in the health industry, mid-sized companies, investment institutions, and commercialization organizations can come together to exchange technology and product information and cooperate on a regular basis.
The applied-for mark consists of “iSeum.” The cited mark combines a graphic element with Korean and English wording, including “SEUM MEDIA CO. LTD.” The marks differ significantly in their graphic elements, scripts and number of letters.
For the cited provision of Article 7(1) of the Trademark Act, similarity of goods is assessed according to ordinary trading perceptions. Relevant factors include quality, shape, purpose, production and sales channels, and the range of consumers.
The applied-for mark consists of “CARTE BLUE,” while the cited mark combines a graphic with “CARTEBLANCHE.” The graphic elements and different lettering distinguish their appearances.
The applied-for mark is a coined expression written in seven Korean characters. The analysis considers how Korean consumers and traders would understand its English-derived wording and pronunciation.
The applied-for trademark and service mark stylize the “O” in “NOW.” The graphic treatment does not prevent the wording from being recognized as “NOW.”
The registered mark consists of “SOLO.” Cited mark 1 combines “SOLOTEC” with a flag-like graphic passing through the upper center of its fourth letter, “O.” The graphic and different number of letters distinguish the marks visually.
The applied-for mark combines Korean “Anbeullin” with cursive Latin lettering. The cited mark places mixed-case printed lettering below a ribbon graphic. Their appearances differ, and a conceptual comparison is not available because one is coined and the other combines a Western personal name with a graphic.
The registered mark combines the Korean name Cheokju Donghaebi with the Chinese characters “陟州東海碑”, arranged vertically. The cited mark combines a graphic with a smaller Korean rendering of that name. They differ markedly in their graphics, Chinese characters and the size of the Korean lettering, so their appearances…
The applied-for service mark joins the outer end of an “@” symbol to the beginning of a handwritten “i”, and combines that graphic with “NET”. Cited service mark 1 combines a graphic with “INET”, including a dot between “I” and “NET” and a stylized “N”…
The graphic and word elements of each mark are not so inseparably connected that separate assessment would be unnatural. Nor does their combination create a new concept. The elements can therefore be considered separately when comparing the marks.
A foreign-language mark is generally assessed by the pronunciation readily used by Korean traders and consumers. Where they actually recognize and pronounce the mark in a particular way, that usage must be considered.
A composite mark need not always be pronounced or understood in its entirety. Where its elements are separable, an independently distinctive element may determine how the mark is referred to or understood; more than one such reading may be possible.
Similarity requires an objective assessment of appearance, sound and meaning, considering the marks as a whole and as encountered separately in trade. The question is whether consumers may confuse their commercial origin; similarity in one aspect must be assessed in the overall context.
A composite word mark is generally assessed by the appearance, sound and meaning of the wording as a whole. An independently distinctive element may also be relevant where consumers can recognize it as indicating origin.
AI Times has published Yongduck Kim's article on technology-based special listings and technology business plans for AI companies. Kim serves as a technical evaluation panel member for a specialist evaluation agency.
A service mark distinguishes the source of services and helps prevent confusion. Because this function is ordinarily performed by the mark as a whole, the comparison considers its overall appearance, sound and meaning.
The registered service mark consists of the Korean wording “Onggijangi Hangari Kalguksu,” while the earlier mark consists of “Hangari.” Viewed as complete expressions, they differ in appearance, sound and meaning. The analysis then considers the role of individual elements within that overall assessment.
The 2023 Korea Invention Patent Exhibition promotes the development and commercialization of inventions through exhibitions and awards recognizing innovative technologies and products.
The applied-for mark has upper and lower elements. “AUDIO SYSTEMS,” in the lower portion, is a term commonly used for the designated goods, which affects the assessment of that element's distinctiveness.
Trademark and service-mark similarity is assessed objectively through overall and separate observation of appearance, sound and meaning. The question is whether the marks may cause confusion about commercial origin; similarity in one aspect is considered within that overall assessment.
The registered mark combines Korean wording transliterating “NOBLESSE,” meaning nobility, with the Korean word for furniture. Red dots separate the characters and a graphic sits above them. Its appearance differs from the earlier registered marks.
Service-mark similarity depends on an objective comparison of appearance, sound and meaning, considering each mark as a whole and as encountered separately. The assessment asks whether ordinary consumers may confuse the source of the designated services.
Unless its elements form a naturally inseparable whole, a composite mark may be referred to or understood by a distinctive part. A single mark may therefore have more than one recognizable pronunciation or meaning.
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.
Trademark similarity is assessed through appearance, sound and meaning, with attention to consumers' overall impression and the likelihood of confusion about commercial origin.
For marks used on the same goods, compare appearance, sound and meaning and assess whether the overall impression may lead consumers or traders to confuse the source.
The assessment considers appearance, sound and meaning in the context of the designated goods, focusing on the risk of confusion about their commercial origin.
Similarity requires an objective assessment of the marks as a whole and as encountered separately. Appearance, sound and meaning inform whether the overall impressions distinguish their commercial origins.
A trademark identifies commercial origin and helps prevent confusion. The comparison therefore ordinarily considers the mark as a whole, including its appearance, sound and meaning.
Service-mark similarity turns on appearance, sound and meaning and the overall impression on ordinary consumers and traders. The issue is whether they may confuse the source of the services.
Assess the marks objectively, as a whole and through separate observation of appearance, sound and meaning. The relevant question is whether their use for the designated goods may cause confusion about commercial origin.
For marks used on the same goods, appearance, sound and meaning are considered together to assess whether consumers or traders may confuse their source.
Yongduck Kim has been invited to deliver IP training for NH Seed's second cohort. The lecture will explain the importance of protecting technology and the patent registration process for current and prospective entrepreneurs addressing challenges in agriculture through agtech.
As an external technology-evaluation advisor for KOSDAQ listings, Yongduck Kim has seen businesses struggle to prepare technology business plans. This article examines how to approach that work.
As interest in Korea's technology-based listing route grows, clients often ask how many patents they need. In consulting work, I explain that a larger portfolio is not always more advantageous—a point some find surprising coming from a patent attorney.
DSP 1:1 Mentoring, organized by Seoul Design Startup Center, provides expert mentoring for pre- and early-stage entrepreneurs. On August 11 (Fri), patent attorney Yongduck Kim will participate as a mentor.
Metaverse, AI and VR technologies are bringing established IP categories into closer contact. Infringement issues and disputes in markets such as the United States and China underscore the importance of an IP strategy for Korea's convergent content industries.
Smart factories are a prominent application of Fourth Industrial Revolution technologies. Predictive maintenance helps optimize maintenance policies, reduce costs and improve equipment availability and reliability. Prognostics is one of the approaches attracting attention in this field.
Our client Underdog faced suspension of its Amazon seller account following a patent infringement allegation. IPLEX prepared an FTO report, appeal letter and plan of action supporting non-infringement, and the account was reinstated.
Prostate cancer has sometimes been called “the emperor's cancer” because prominent figures such as John Kerry have been diagnosed with it, and “father's cancer” because it commonly affects men over 50.
Pattern-recognition research explores how to apply efficient human recognition processes to computers, including the classification of input patterns into defined groups.
Shortages of customer-service staff and infrastructure can make it difficult for businesses to meet customer expectations. Chatbots are being introduced to supplement these resources and improve service quality.
An earlier article introduced generative adversarial networks (GANs) in the context of deepfakes. Their operating principles suggest a broad range of generative applications, but GANs also face technical challenges. This article examines those limitations.
Occasional forgetfulness becomes more common with age and may cause concern about dementia. Memory decline alone, however, is not enough to establish that diagnosis.
Deepfake refers to the use of AI technology to synthesize the face of a particular person in a particular video. In April 2018, a video of former US President Barack Obama criticizing President Donald Trump became known to the world.
SUALAB provides deep-learning inspection solutions for machine vision. It began with defect detection in textile printing, introducing machine vision to a process that lacked automated inspection in what the article describes as a world first.
Following an earlier analysis of Lunit's medical-imaging patents, this article examines another CNN-based approach: analyzing cell images to identify the number and location of mitotic cells.
AI-based medical-image analysis and disease diagnosis are developing rapidly. Startups including VUNO, Lunit and JLK Inspection are researching these technologies and ways to improve analytical accuracy. This article examines AI-based medical imaging.
The film Last Holiday is a comedy about an American woman who takes a final trip to Europe after a hospital mistakenly diagnoses her with a terminal illness.
AI Times has published a column by IPLEX patent attorney Yongduck Kim. His experience includes IP work for companies in Korea and overseas, including LG Electronics, Samsung Electronics, Baidu, SUALAB and MakinaRocks, in fields such as AI, smart factories and blockchain.
AI is increasingly used for predictive maintenance (PdM) of industrial equipment. In settings such as semiconductor plants, the approach anticipates equipment anomalies so maintenance can be planned before failure.
Yongduck Kim, Managing Partner of IPLEX, has published Design Protection Law: Protect Your Designs. The book explains why design protection matters, what the Design Protection Act protects, and how similarity is assessed through examination standards and court decisions.
Drawing on his experience as an external technology-evaluation advisor for KOSDAQ listings, Yongduck Kim examines how AI businesses can prepare for Korea's technology-based listing route. His analysis has been published in AI Times.
An SME representative recently sought advice after receiving a patent infringement warning by certified mail. This article explains practical considerations in preparing a response.
The applied-for mark and the earlier registered mark differ visually in their wording, including “THE MAGIC” and “Steam,” and in their graphic elements.
Comparison of the registered and earlier service marks for financial services, including development finance, international finance, investment, guarantees, lending and accounting.
The court compares appearance, sound and meaning and considers the marks' overall impression on consumers and traders. For use on the same goods, the central issue is the likelihood of confusion about source.
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.
A composite service mark may be referred to or understood through an independently distinctive element where separating its components would not be unnatural in trade. More than one pronunciation or meaning may therefore arise.
The applied-for mark combines wording with simple green and blue geometric elements. The analysis considers whether those common shapes contribute distinctiveness to the mark.
A mark combining words or graphics need not always be pronounced as a whole. Where the elements are not naturally inseparable, a distinctive part may determine how consumers refer to the mark.
Compare the marks' appearance, sound and meaning as ordinary consumers and traders perceive them, then assess whether their overall impressions create a likelihood of confusion about the goods' origin.
The applied-for and earlier registered marks differ in appearance. The applied-for mark is a coined expression, so a meaningful conceptual comparison cannot be made.
The applied-for trademark and service mark “uniPOS” combine “uni” and “POS” as a single expression. “POS,” short for “Point of Sale,” lacks distinctiveness in the relevant context. The combined mark was therefore found dissimilar to the earlier registered service mark “POS.”
The applied-for mark combines a large “M” at the upper left, two intersecting curves in the center and “Plus” at the lower right. The words “Mobile card” appear above in very small lettering.
The analysis considers appearance, sound and meaning objectively, as a whole and through separate observation. A shared dominant visual impression can be important, particularly when the marks are used on the same goods.
The plaintiff argued that the registered mark resembled the dominant elements of earlier registrations 1 through 9. Those elements combine two opposing “e” shapes, open at the outer sides and without a central horizontal line. The registered mark instead depicts the eighth Greek letter, theta.
The wording in both signs consists of the geographic name “Gyeongju” and the generic term “bread,” which lack distinctiveness on their own. The comparison therefore turns to the graphics, including the registered mark's stylized face-pattern roof tile and cloud-like features.
Similarity depends on appearance, sound and meaning in the context of the designated goods, and whether consumers or traders may confuse their commercial origin.
The comparison considers appearance, sound and meaning objectively, as a whole and through separate observation. The issue is whether use for the designated goods may cause consumers or traders to confuse their source.
The applied-for mark consists of “AUTOMAGICALLY,” describing something that happens automatically with an apparently magical element and a better-than-expected result. The word combines the ideas expressed by “automatic” and “magical.”
When marks are used on the same goods, compare their appearance, sound and meaning objectively, both overall and as encountered separately, to assess the likelihood of source confusion.
Former Article 7(1) of the Trademark Act listed marks ineligible for registration notwithstanding Article 6. The cited text reflects amendments dated December 10, 1993; August 22, 1997; February 3, 2001; and December 31, 2004.
The court considers appearance, sound and meaning objectively and in the overall impression of each mark. Visual features may be particularly significant where they dominate that impression.
A composite mark need not always be understood or pronounced in full. Where its elements are not naturally inseparable, comparison may focus on a distinctive part.
Service-mark similarity is assessed objectively through overall and separate observation of appearance, sound and meaning, focusing on how consumers and traders perceive the source of the services.
The wording “DOHC” is unrelated to the bag and wallet retail services at issue and dominates the mark, giving it strong distinctiveness. The small bird graphic makes a limited contribution to the overall impression.
Yongduck Kim draws on blockchain knowledge and IP work involving Kakao and TMAX affiliates to analyze the US trademark dispute concerning Nike shoe NFTs.
① Both marks consist of stylized anchor designs and do not readily evoke a name or concept other than an anchor. ② The court considered the written and visual evidence in Exhibits 10 through 93, including their subparts, together with the overall arguments.
Where the components of a mark are not naturally inseparable, an independently distinctive element may determine how consumers pronounce or understand it.
Analysis of a dominant element or separate component supports the assessment of the mark as a whole. Even if one aspect of appearance, sound or meaning is similar, the marks may remain distinguishable where consumers' overall impressions clearly avoid confusion about origin.
Comparison of the earlier registered mark and the applied-for mark for veterinary medicines and vaccines, including products for dogs, cats and horses.
The cited Trademark Act provision requires the applied-for mark to be identical or similar to another person's earlier registration and to cover identical or similar goods. Similarity is assessed objectively through the mark's overall appearance, sound and meaning.
Visual similarity concerns whether the words, graphics and symbols of the marks could be confused as indicators of origin. Assess their overall visual impressions as encountered separately, rather than relying solely on a side-by-side comparison.
The registered mark comprises five Chinese characters. The smaller “化粧品” element directly indicates or evokes the designated cosmetics and lacks distinctiveness. By contrast, “雪黃” is a coined expression unrelated to the designated goods and is distinctive.
The applied-for mark comprises three Korean syllables, “Enlux,” while the earlier mark comprises the five Latin letters “emnux.” Their different scripts distinguish their appearance. Both are coined expressions without a particular meaning, so a conceptual comparison cannot be made.
Designated goods: adjuvants for cancer treatment, cell-regeneration preparations, anticancer drugs, biological preparations, tranquilizers, peripheral-nervous-system medicines, anti-inflammatory medicines, medical diagnostic preparations, circulatory-system medicines and tumor-treatment medicines (Class 5, Schedule 1 under Article 6(1) of the Enforcement Rules of the Trademark Act).
The assessment considers appearance, sound and meaning, the overall impression on ordinary consumers and traders, and the likelihood of confusion about commercial origin.
The court examines the words, graphics and symbols displayed in each mark to assess whether their overall visual impressions could cause confusion as indicators of origin.
A composite word mark is generally assessed through the appearance, sound and meaning of the wording as a whole. An independently distinctive component may also influence how the mark is perceived in trade.
Yongduck Kim analyzes US trademark cases drawing on IP experience involving Korean and international companies, including LG Electronics, Samsung Electronics, Baidu and Xiaomi.
Under the cited Article 7(1) provision, the registered mark must be similar to the mark used for comparison. Similarity is assessed objectively through overall and separate observation of appearance, sound and meaning for goods of the same kind.
Trademark similarity is assessed through appearance, sound and meaning, considering the overall impression on consumers and traders and the risk of confusion about origin.