Trademark Similarity Case: Woori Doori

2001 Heo 6032 (dismissed)

The graphic and word elements of each mark are not so inseparably connected that separate assessment would be unnatural. Nor does their combination create a new concept. The elements can therefore be considered separately when comparing the marks. 

The graphics and wording in both marks could be perceived separately. Other registrations containing Woori, and the possible meaning “the two of us,” did not establish that Woori lacked distinctiveness for the designated bags.

The applied-for mark would be pronounced by its wording “Woori Doori”. The cited mark would be pronounced by “WOOLI·BOOLI”. Although English R and L differ phonetically, both are represented by the Korean consonant rieul, and Korean consumers may not consistently distinguish them. The cited mark is therefore likely to be pronounced “uri buri”. Compared with “uri duri”, only the initial consonant of the third syllable differs, d versus b; the number of syllables and the remaining sounds are identical. The pronunciations were accordingly regarded as very similar.

Although the marks differ in appearance and concept, their similar pronunciations could cause confusion when used on identical or similar goods. 

The goods also overlapped, including mountaineering bags and backpacks, and were identical or similar.

The marks differ in appearance and concept but are similar in pronunciation. Use on identical or similar goods could cause confusion as to source, so the court found them similar.