2008 Heo 11088 Trademark refusal
| Earlier registered mark | Applied for trademark | |
| Mark |  |  |
| Designated Goods | Perfume, manicure, etc. | Cosmetics |
[Comparison of appearance, pronunciation and concept]
“AUTOMAGICALLY” blends “automatic” and “magical”, suggesting that something happens automatically with a seemingly magical effect. Korean consumers may be unfamiliar with the entire word but recognize “AUTO” and “MAGIC”. For cosmetics, the court considered that the mark suggests an effect occurring automatically, as if by magic.
“MAGIC AUTO” similarly suggests an automatic, magical effect for perfume and related goods.
The marks have very similar concepts. Despite their different appearances and pronunciations, use on identical or similar cosmetics could cause confusion as to source. The court found the marks similar.
[Designated goods]
The applied-for mark's cosmetics encompass the earlier mark's perfume and related goods, so the designated goods are identical.
[Decisions]
The marks are similar and their designated goods are identical.
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