Trademark Similarity: A Figurative-Mark Case

2011 Hu 1548 Trademark scope confirmation

Trademark similarity is assessed objectively and as a whole through appearance, pronunciation and concept, considering the marks as encountered separately. For figurative marks, the dominant visual impression is particularly important.

Both devices depict an anchor with a circular ring and matching overall arrangement of shank, arms and curved ends. They differ in details such as the shape and thickness of the lines, whether the ring is open, the relative thickness of the arms, color and lettering on the right arm.

The devices create similar dominant visual impressions. Use on identical or similar goods could confuse consumers or traders as to source, so the court found the marks similar.