2005 Heo 4638 Trademark refusal
[Principles of Judgment]
Trademark similarity is assessed objectively and as a whole through appearance, pronunciation and concept, considering the marks as encountered separately and whether consumers may confuse the source of the goods.
| Earlier registered Trademark 1 | The Earlier registered Trademark 2 | Applied for trademark | |
| Mark | STRESS-OUT | STRESS BUFFER | UNSTRESS |
| Designated Goods | Class 3: nourishing cream, rose oil, lavender oil, cosmetic masks, cosmetic foam, sun-care preparations, toilet soap, cosmetics, toothpaste and false eyelashes. | Skin cream and skin lotion (earlier-filed mark). | Lavender oil, skin milk, cosmetic deodorants, beauty soap, shampoo, toothpaste, perfume, massage oil, facial masks and beauty essences. |
[Similarity assessment]
1. Appearance and Pronunciation
The applied-for mark combines the negative prefix “UN” with “STRESS”, meaning tension or pressure. Earlier mark 1 combines “STRESS” with “OUT”, suggesting removal or release.
2. Concept
“UNSTRESS” may suggest preventing or relieving stress, while “STRESS-OUT” suggests escaping or getting rid of stress.
[Decisions]
Despite some differences in appearance and pronunciation, the marks have similar concepts that could cause confusion as to source. The court found the applied-for mark similar to earlier mark 1.
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