2011 Heo 3582 Trademark refusal
Earlier-used mark | Applied-for service mark | |
Mark |  |  |
[Comparison with the earlier-used mark]
1. Distinctiveness of the applied-for mark
“DOHC” has no descriptive relationship to bag or wallet retail services and visually dominates the mark. The smaller bird device has weaker distinctiveness, given the common use of bird motifs on footwear, clothing and bags. Consumers would perceive the mark as a whole or through “DOHC”, rather than through the bird device alone.
2. Comparison of the marks
1) Appearance
The applied-for mark prominently includes “DOHC”, while the earlier-used mark consists solely of a device. That difference gives them distinct appearances.
2) Pronunciation
The applied-for mark would be pronounced “D-O-H-C” or a phrase combining those letters with “bird” or “eagle”. Even if the earlier device is called “bird”, “eagle” or “American Eagle”, the distinctive “D-O-H-C” wording makes the pronunciations different.
3) Concept
“DOHC” abbreviates “double overhead camshaft” and may evoke an engine, unlike the earlier bird device. Consumers unfamiliar with that abbreviation might perceive only the bird or eagle concept; in that case, the concepts may coincide.
[Conclusion]
Although the concepts may coincide in some circumstances, the distinct appearances and pronunciations make the marks dissimilar overall.
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