Trademark Similarity: A Summary of the Court’s Approach

2008 Heo 2855 Trademark refusal

The applied-for mark combines wording with repeated green and blue geometric shapes on both sides. Although the shapes occupy more space than the wording, they are ordinary circles and rectangles without a distinctive design. Their repetition creates no particular concept and does not absorb or replace the wording's meaning. Instead, it makes the wording stand out. The court therefore regarded the shapes as secondary or decorative elements, rather than the dominant element.

The wording consists of a large “P” on the left and “PHOENIX” and “CONTACT” in two lines on the right. “PHOENIX” denotes the mythical bird and “CONTACT” denotes contact or communication. Their combination does not create a new concept, so “PHOENIX” may be perceived separately.

When the applied-for mark is referred to as “PHOENIX”, its pronunciation and concept are identical to those of the earlier marks. Some designated goods also overlap.

The marks are similar, and some of their designated goods are identical or similar.