2007 Heo 3042 Trademark registration invalidation
[Decisions]
A composite mark may be identified by a separable dominant element when separate perception is natural. If one of its possible pronunciations or concepts is identical or similar to another mark, that can support a finding of similarity.
Earlier registered mark | Registered mark at issue |
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[Judgment]
1. The marks
PERRY ELLIS is the name of an American fashion designer. Its first-name and surname components can be perceived separately, allowing ELLIS to function independently.
2. Designated Goods
The Class 25 goods were identical or similar to those of the earlier registration.
[Decisions]
When the earlier mark is identified by ELLIS, it has the same pronunciation as the registered mark. Use on the similar goods could therefore cause confusion.
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