2008 Heo 3605 Trademark refusal
[Decisions]
A composite mark may be perceived by naturally separable elements. Similarity is assessed through appearance, pronunciation and concept and the likelihood of confusion when used for the relevant goods or services.
Mark | Designated Goods / Service | |
Earlier registered Trademark 1 |  | Coin-operated or magnetic-card-operated amusement machines, home video-game consoles and other goods in former Class 39, under the classification before amendment by Ministry of Trade and Industry Ordinance No. 83 of 23 February 1998. |
The Earlier registered Trademark 2 |  | Class 9: coin- or magnetic-card-operated amusement machines, home video-game consoles, and ROM cartridges and magnetic disks containing game programs. Class 28: LCD game toys and programs for those toys. |
The Earlier registered Trademark 3 | DINO CRISIS | Class 9: film-editing apparatus, non-electric and non-electronic vending machines, video-game cartridges, slot machines and other goods |
Applied-for mark | CRISIS CORE | Class 9: computer and video-game software. Class 16: game strategy guides. Class 28: puppets, ornamental dolls and mascot dolls. Class 41: online computer and video games and related strategy information. |
Applied-for mark | BEFORE CRISIS | |
Applied for trademark | CRYSIS | Class 9: recorded motion-picture films, audio tapes and audiovisual tapes featuring comedy, drama, action, adventure and animation, and goods relating to video and handheld games Class 28: action figures, clothing for action figures, handheld electronic games other than those used with television receivers, board-game apparatus and target-game apparatus |
[Comparison of the marks]
1. Appearance
The applied-for word mark CRYSIS differs visually from the earlier composite marks containing CRISIS.
2. Pronunciation
CRYSIS may be pronounced “Keura-isiseu” or “Keurisiseu” in Korean. The earlier marks:
The earlier marks, including “DINO CRISIS”, “CRISIS CORE” and “BEFORE CRISIS”, combine words or words and graphics containing “CRISIS”. Their components are not so inseparable that separate observation would be commercially unnatural. They can therefore be pronounced and perceived by “CRISIS” alone. In that case, the Korean pronunciations “keura-isiseu” or “keurisiseu” make their pronunciation and concept identical or similar to those of the applied-for mark.
The earlier marks, including “DINO CRISIS”, “CRISIS CORE” and “BEFORE CRISIS”, combine words or words and graphics containing “CRISIS”. Their components are not so inseparable that separate observation would be commercially unnatural. They can therefore be pronounced and perceived by “CRISIS” alone. In that case, the Korean pronunciations “keura-isiseu” or “keurisiseu” make their pronunciation and concept identical or similar to those of the applied-for mark.3. Designated Goods
The applied-for mark covers electronic circuits containing handheld-game programs, game consoles, virtual-game computer programs, video-game cassettes and cartridges, video-game programs, standalone video-output game machines and role-playing game apparatus. Earlier mark 2 covers coin- or magnetic-card-operated amusement machines, home video-game consoles, and ROM cartridges and magnetic disks containing programs for them. Earlier mark 3 covers video-game cartridges. Earlier-filed marks 1 and 2 cover computer and video-game software, online game services and information on game strategy over computer and global communications networks. These goods and services all concern gaming-related electronic devices, software and associated business, and share manufacturers, sellers and customer groups. They were therefore considered similar.
[Conclusion]
Although the appearances differ, the applied-for and earlier marks share identical or similar pronunciation and concept. Their use on the similar goods and services could cause source confusion.The application was therefore barred under the relevant provisions of former Articles 7 and 8 of the Trademark Act.
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