2007 Heo 3738 Trademark registration invalidation
| Earlier registered Trademark 1 | The Earlier registered Trademark 2 | Registered mark at issue |
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[Comparison]
1. Appearance
The registered mark combines Korean wording transliterating “NOBLESSE,” meaning nobility, with the Korean word for furniture. Red dots separate the characters and a graphic sits above them. Its appearance differs from the earlier registered marks.
2. The Pronunciation
The registered mark would be pronounced Noblesse or Noblesse Furniture; earlier mark 1 as Nobls or Nobls Bed; and earlier mark 2 as Noble. Noblesse was familiar in Korea and its stressed additional syllable distinguished it from the other pronunciations.
3. The concept
NOBLS did not clearly convey the registered mark's concept of noble furniture. NOBLE shared some meaning with Noblesse but was weak for furniture because it also suggests fine or excellent quality. The clear visual and phonetic differences outweighed that conceptual overlap.
[Decisions]
The registered mark was neither identical nor similar to the earlier marks.
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