2010 Heo 2803 Trademark registration invalidation
[General principles of similarity assessment]
Under the former Trademark Act provision applied in this case, the marks must be compared as a whole to determine whether they are similar.
Earlier registered mark | Registered trademark |
DECAQUINON | DEQUINONE |
[Assessment]
1. Appearance
Both marks use ordinary, unstylized letters and share “DE” and “QUINON”. However, they differ in length, the additional “CA” and their endings, producing different overall appearances.
2. Pronunciation
“DEQUINONE” and “DECAQUINON” have different pronunciations, particularly because of the additional “CA” syllable in the earlier mark.
3. Concept
Both are coined terms without dictionary meanings, so no definite conceptual comparison is possible.
4. Conclusion
The marks have no comparable concepts and differ in appearance and pronunciation. The court found them dissimilar.
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