2001Dang1338
Cited mark | Registered mark at issue | |
| Mark |  |  |
Designated Goods | Baby powder, baby oil and other goods | Beauty services and makeup training |
[Similarity of the marks]
1. Legal principles
Similarity between a trademark and service mark is assessed through appearance, pronunciation and concept, considering the likelihood of confusion about the goods' or services' source.
2. Comparison
The service mark combines dodo cosmetics with its Korean rendering. The cited mark uses Peerless, larger Korean Dodo lettering and a rabbit graphic. Their appearances differ, but the shared dominant Dodo element makes the marks similar.
[Designated goods]
1. Legal principles
Similarity between goods and services depends on their relationship, whether they commonly share providers, purposes, sales locations and customers, and whether similar marks would cause source confusion. The relationship should not be assumed merely because goods are used while providing a service.
2. Comparison
Cosmetics such as creams and brushes differ from makeup consultation, instruction and research services. Although cosmetics businesses may provide such advice, they commonly do so without charge as a promotional activity rather than as a separately identified service business.
[Decisions]
The court did not find a sufficiently close relationship to conclude that use of the same mark on these goods and services would cause source confusion.
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