2006 Heo 5225 Judgment [Trademark registration invalidation]
[Assessment of the marks as a whole]
Marks are generally compared as a whole. A distinctive dominant element may assist that comparison, but should not replace the overall assessment with artificial dissection.
Registered trademark | Comparison of trademarks |
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[Similarity of the marks]
(1) the appearance.
The registered trademark is a combination of the letters SNOW and PERFUME, and the comparison marks are also a combination of the two words Ice and Snow. In contrast to the two trademarks, the appearance of the two trademarks is different.
(2) Pronunciation and concept
The words in both marks are separable, but PERFUME, SNOW and ICE are descriptive or weak for the goods concerned. The shared SNOW element therefore cannot be isolated as a distinctive dominant feature.
3) Overall assessment
The complete combinations must be compared. SNOW PERFUME and Ice Snow differ in appearance and pronunciation, and their combinations convey different impressions: perfume associated with snow versus ice and snow.
[Decisions]
The marks were dissimilar overall and unlikely to cause source confusion even on identical or similar goods.
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