2005 Heo 10343 Trademark refusal
| Earlier registered mark | Applied for trademark | |
| Mark |  |  |
[Similarity of the marks]
1. Appearance
The marks contain different additional words: “MAGIC” and “Steam”. 
Their lettering and overall appearances differ.
Their lettering and overall appearances differ.2. Pronunciation and concept
In the applied-for mark, “THE” is an ordinary definite article. “MAGIC” and “BULLET” are familiar English words and are not joined by a hyphen. “MAGIC” modifies “BULLET” and appears in many registered marks in the relevant goods classes, giving it relatively weak distinctiveness. “BULLET”, meaning a projectile or similar small object, has no direct descriptive relationship to the designated goods and is more distinctive. Consumers may therefore refer to the mark as “BULLET”, as well as “MAGIC BULLET”. In the earlier mark, a repeated-circle device separates “Bullet” from the other wording. 
“Bullet” is also darker and more prominent than “Steam”. For the designated electrical cleaners, “Steam” describes a function of the goods, while “Bullet” is relatively distinctive. Consumers may perceive “Steam” as identifying a product in the “Bullet” family and refer to the mark as “Bullet” alone.
“Bullet” is also darker and more prominent than “Steam”. For the designated electrical cleaners, “Steam” describes a function of the goods, while “Bullet” is relatively distinctive. Consumers may perceive “Steam” as identifying a product in the “Bullet” family and refer to the mark as “Bullet” alone.[Decisions]
When shortened to “BULLET” and “Bullet”, the marks have the same pronunciation and concept. The court therefore found the marks similar overall despite their different appearances.
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