2006 Hu 3557 Judgment [Trademark refusal]
[Legal]
Marks are assessed as a whole for source confusion. A shared element does not establish similarity if it is unlikely to be perceived independently or the overall impression clearly distinguishes the marks.
Cited mark | Applied for trademark |
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[Judgment]
The applied-for mark: 
and the earlier mark both depict a dog standing in profile with its tail raised. However, many dog graphics were registered for similar goods. The clearly different wording, Labrador Retriever and DAWN FIELD, and its placement distinguished the marks as a whole.[Decisions]
The marks were therefore dissimilar.
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