2006 Heo 2578 Trademark registration invalidation
Earlier registered Service Mark | The Registered Service Mark |
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[Comparison]
The registered Korean word mark Onggijangi Hangari Kalguksu differs as a whole from the earlier Hangari mark. The court then considered whether a dominant distinctive element could be identified.
Hangari means a storage jar, traditionally used for fermenting and storing food. For restaurant services, Hangari Kalguksu suggests noodles served in such a jar and is descriptive rather than a distinctive dominant element.
Onggijangi means a potter. It does not immediately describe the restaurant services and can serve as their source identifier. Comparing Onggijangi with Hangari reveals differences in appearance, pronunciation and concept.
[Decisions]
The service marks were therefore dissimilar and unlikely to cause source confusion even on identical or similar services.
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