Trademark Similarity: LUISE versus MS. LOUISE

2008 Heo 2619 Trademark refusal

The applied-for and earlier registered marks differ in appearance. The applied-for mark is a coined expression, so a meaningful conceptual comparison cannot be made.

“LUISE” may be pronounced in Korean as “ruiseu” or “ruije”. In “MS. LOUISE”, the title “MS.” has weak distinctiveness and can be separated from “LOUISE”. The latter may be pronounced as “ruiseu”, “rui” or “ruije”, making the marks identical or similar in pronunciation.

The applied-for mark's skirts, cardigans and leather belts are identical to corresponding goods under the earlier mark.

Although their appearances differ and their concepts are not comparable, the marks have identical or similar pronunciations. Use on identical or similar goods could therefore cause confusion as to source.

The court found the marks similar. Because some designated goods are also identical, registration was refused.