2011 Heo 9412 Trademark refusal
[General principles of similarity assessment]
A composite word mark is ordinarily assessed as a whole. A distinctive component may be considered separately where consumers would naturally perceive it that way. Pronunciation is an important factor in comparing word marks.
Service similarity depends on trade practice, including the nature and content of the services, how and where they are provided, and the providers and consumers involved.
| Earlier registered Service Mark | Applied-for service mark | |
| Mark | Intelli Pizza Intelli Pizza | Indelli |
| Designated Services | Pizza Restaurant | Curry Restaurant |
[Assessment]
1. Similarity of the marks
1) Appearance and concept
The marks differ in composition and syllable count. “Indelli” is a coined expression without a definite concept. “Intelli” derives from the Russian “intelligentsia”, referring to intellectuals, so the concepts cannot readily be compared.
2) Pronunciation
When the earlier mark is shortened to “Intelli”, both marks have three Korean syllables. The first and third syllables coincide, and the second syllables are phonetically close, giving them similar overall pronunciations.
3) Overall assessment
Their similar pronunciations may cause consumers or traders to confuse the source of the services.
2. Similarity of the designated services
Curry is commonly served in general restaurants and buffets and is also used on pizza. Curry and pizza restaurant services overlap in providers and consumers, supporting a finding that the services are similar.
3. Conclusion
The marks and their designated services are similar.
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