2003 Hu 892 Judgment Trademark registration invalidation
(Earlier Registered Service Mark)
Ceragem
[Registered Service Mark]
[Comparison of appearance, concept and pronunciation]
1. Appearance and concept
The registered service mark and the earlier mark consisting of “Ceragem” were found dissimilar in appearance and concept.
2. Pronunciation
The registered mark is pronounced “Sera”. The earlier mark “Ceragem” is a single three-syllable coined expression in Korean. Even if its owner intended “gem” to refer to jade, consumers would not necessarily recognize jade as a principal material of the designated healthcare, equipment-rental and physiotherapy services. There was no basis to assume that they would omit “gem” and call the earlier mark “Sera”.
Although “Sera” matches the first two Korean syllables of “Ceragem”, the clearly pronounced final syllable “gem” gives the earlier mark a distinct overall sound.
[Decisions]
The marks are dissimilar in appearance, concept and pronunciation, and therefore dissimilar overall.
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