2008 Heo 6765 Trademark refusal
[General principles of similarity assessment]
Unless its components are inseparably combined, a composite mark may be perceived through an independently distinctive component. Similarity in one of its possible pronunciations or concepts may support a finding of similarity.
Earlier registered mark | Applied for trademark | |
Mark |  |  |
Designated Goods | DC generators, incandescent bulbs, etc. | Catalogues, books and other goods. |
[Similarity of the marks]
The applied-for mark combines the Italian words “GRAZIA”, meaning grace, favor or a female name, and “Casa”, meaning house or home. “Casa” appears in much smaller, thinner lettering at the lower right. The combination creates no inseparable new concept, and “GRAZIA” is not descriptive of the relevant goods or services. Consumers may therefore perceive and pronounce the mark by “GRAZIA” alone.
The earlier mark consists of the female name “GRACIA” in uppercase letters. Its possible Korean pronunciations include forms similar to “GRAZIA”.
The marks differ in appearance, and their concepts cannot readily be compared. However, when the applied-for mark is referred to as “GRAZIA”, their pronunciations are similar.
[Designated goods]
The applied-for mark's video cameras are similar to relevant goods under the earlier mark, considering their producers, sellers and consumers.
[Decisions]
The marks and some of their goods or services are similar, creating a likelihood of confusion as to source. The court found the marks similar.
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