2005 Heo 5860 Trademark refusal
[Applied-for mark]
Mark
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).
[Applied-for mark]
Class 5: respiratory medicines, central and peripheral nervous system medicines, antibiotics, chemotherapy and oncology medicines, anti-inflammatory medicines, gastrointestinal medicines and medicines for sensory organs.
The applied-for mark “Simvast” and the earlier mark “SIMVASTA” are pronounced in Korean as “simbasteu” and “simbasta”. Their pronunciations are very similar despite the different final vowel.
Even doctors and pharmacists, who purchase the designated goods professionally, may confuse similar pronunciations. Their expertise alone did not eliminate the likelihood of confusion in this case.
The applied-for mark is similar to the earlier mark.
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