Trademark Similarity Case: 700

2008 Heo 3766 Trademark refusal

Service-mark similarity is assessed objectively and as a whole through appearance, pronunciation and concept, considering whether ordinary consumers or traders may confuse the source of the services.

The applied-for mark places a large “700” and “MARKET” inside a three-colored trapezoid. The earlier-filed mark combines “HAPPY” and “700” in different colors, with a green stylized “Y”. Apart from “700”, their devices, colors and wording differ, giving them different overall appearances.

The applied-for mark's device can be separated from its wording. “MARKET” describes the nature or purpose of the services and is less prominent, leaving “700” as the distinctive element. In the earlier mark, “HAPPY” and “700” are visually separable and do not create an inseparable new concept. It may therefore be referred to by either component.

When both marks are referred to as “700”, their pronunciation and concept coincide.

Both marks designate supermarket management services.

The marks share the same pronunciation and concept when referred to as “700”, and their services are identical. The court found them similar because use together could cause confusion as to the source of the services.