2010 Heo 272 Trademark refusal
[Judgment Standard]
Service marks are assessed as a whole, objectively and at separate times, from the perspective of ordinary consumers. Similarity in one aspect does not establish overall similarity where other differences clearly avoid source confusion.
An inseparable mark should not be artificially dissected. However, a naturally separable element that independently attracts attention and identifies source may be considered when assessing similarity.
Earlier registered Service Mark | Applied-for service mark |
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[Comparison]
1. Appearance
The markings on the service mark are clearly different from each other in color, with or without shapes, in the number of components, and in the type and type of Hangul, so that the appearance will be significantly different.
2. Pronunciation
The applied-for mark contains the following elements:
", "
", "
" and "
These describe the nature or quality of the restaurant services and have weak distinctiveness.
The next element may be distinctive, but its size and position make it less prominent:
The graphic is strongly distinctive, but does not necessarily dominate the distinctive wording:
" and "
Those word elements can also determine how consumers identify the mark.
", "", "" and "These describe the nature or quality of the restaurant services and have weak distinctiveness.The next element may be distinctive, but its size and position make it less prominent:The graphic is strongly distinctive, but does not necessarily dominate the distinctive wording:" and "Those word elements can also determine how consumers identify the mark.The application may therefore be pronounced by the following wording:
" and "
as Sinjeonggol or SJ Food, or in combination with the pig graphic:
" and "
" or "
" and "
as “Pig Sinjeonggol” or “Pig SJ Food.”
" and "as Sinjeonggol or SJ Food, or in combination with the pig graphic:" and "" or "" and "as “Pig Sinjeonggol” or “Pig SJ Food.”The earlier mark is pronounced Sinjeong. SJ Food and the combinations with Pig differ clearly. Sinjeonggol also differs from Sinjeong in length and meaning, making it unlikely that consumers would shorten both to Sinjeong.
3. Concept
SJ Food does not convey a particular meaning, and SJ would not necessarily be understood as an abbreviation of Sinjeong. Sinjeong can instead evoke a new pavilion, New Year's Day or a place name.
Sinjeonggol suggests a place name, while Sinjeong has several possible meanings. Adding the pig graphic produces a further concept unrelated to Sinjeong, reinforcing the distinction.
[Decisions]
The marks differed in appearance, pronunciation and concept and were dissimilar overall, without needing further analysis of service similarity.
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