2004 Heo 6422 Trademark refusal
| Earlier registered mark | Applied for trademark | |
| Mark |  |  |
| Designated Goods | Veterinary Medicine | Dog/cat/horse vaccines, animal pharmaceuticals |
[Comparison of the marks]
1. Whether the sign is similar
RABVAC has six Roman letters and LAVAC five. Both are coined terms whose concepts are difficult for ordinary consumers to identify. They share A and VAC but differ in length and the initial R/L. In Korean, RABVAC would be pronounced “rab-bak” or “raeb-bak”, and LAVAC “ra-bak” or “rae-bak”. Both have only two syllables, making it unnatural to omit a weak element and pronounce only the distinctive part. Even where abbreviation is possible, the full pronunciation remains relevant; similarity in any one possible pronunciation can establish similarity (Supreme Court, July 27, 2001, 99Hu796). There was no evidence that specialist or careful purchasers of veterinary medicines would omit VAC. The marks were therefore phonetically similar.
2. Designated Goods.
Both marks cover veterinary pharmaceuticals. The dog, cat and horse vaccines also have similar characteristics, producers, distribution channels and consumers.
[Decisions]
The marks and their designated goods are similar.
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