2007 Heo 159 Trademark refusal
[Principles of assessment]
Service-mark similarity is assessed through overall appearance, pronunciation and concept, considering how ordinary consumers perceive the marks and whether their sources may be confused.
Earlier registered mark | Applied for trademark | |
Mark | GANZI | Ganzinala |
Designated Goods | Hats, socks, jumpers, gymnastics outfits, two-piece outfits and parkas, among other goods. | Hats, socks, jumpers, gymnastics outfits, two-piece outfits and parkas, among other goods. |
[Comparison]
1. Appearance
Both are word marks, but their letters and capitalization differ, giving them different appearances.
2. Pronunciation and concept.
“GANZI” may be pronounced “ganji” or “ganzi”. In “Ganzinala”, the Korean word “nara” means a country or a figurative place associated with the preceding word and may have weak distinctiveness. If the earlier mark is shortened to “Ganji”, the pronunciation and concept coincide or are similar, creating a likelihood of confusion on the designated clothing goods.
[Decisions]
Despite their different appearances, the marks have similar pronunciations and concepts that could cause confusion as to source. The court found them similar.
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