Trademark Similarity Case: Enlux

2008 Heo 6093 Trademark refusal

Designated goods: electronic-circuit learning and control simulators.

Designated Goods: Video Screen, Projector Screen, etc.

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.

The applied-for mark is pronounced “Enlux”, and Korean consumers would generally pronounce the earlier mark “Emnux”. The initial consonant and vowel of the first syllable, the vowel and final consonant of the second syllable, and the third syllable coincide. The differences are the final n/m sounds in the first syllable and the initial r/n sounds in the second. These differences are not clearly distinguished by ear under ordinary Korean pronunciation habits. The marks therefore produce a very similar overall auditory impression and are phonetically similar.

The marks share goods including electronic-circuit learning and control simulators, recorded computer operating programs, computer access devices, printed circuits, computers, electronic anti-theft devices, electronic signal transmitters, inverters and control panels.

The marks are similar and some designated goods are identical. Registration was refused under the applicable former Trademark Act provision.

Former Trademark Act Article 7(1), as applicable to the case, listed marks ineligible for registration notwithstanding Article 6. The cited text reflects amendments through 3 January 2007.

7. Marks identical or similar to another person's earlier-filed registered mark and used for identical or similar goods, excluding the specified geographical-indication collective marks.