2001 Heo 4326 (dismissed)
Cited service mark 1 | Cited service mark 2 | Cited service mark 3 | Applied-for service mark |
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[Similarity of the marks]
1. Similarities of appearance
The applied-for mark combines a stylized i with an @ symbol, joining the symbol's outer end to the beginning of the i:
The service mark combines that graphic with “NET”; cited service mark 1 includes the following graphic:
It also includes “INET”, with a dot between “I” and “NET” and a somewhat stylized “N”, as shown:
Cited mark 2 places INET in contrasting lettering within a rectangular design, while cited mark 3 uses stylized Inet lettering with fine lines between the letters. Their overall appearances differ.
The service mark combines that graphic with “NET”; cited service mark 1 includes the following graphic:It also includes “INET”, with a dot between “I” and “NET” and a somewhat stylized “N”, as shown:Cited mark 2 places INET in contrasting lettering within a rectangular design, while cited mark 3 uses stylized Inet lettering with fine lines between the letters. Their overall appearances differ.2. Pronunciation and concept.
The applied-for mark's graphic element:
is more naturally perceived as @ than as a Korean letter. The symbol is commonly associated with internet email addresses and is weak for the internet-related information services concerned.
That element lacks distinctiveness for the designated services. The dominant portion of the applied-for service mark is therefore “iNET”, which may be pronounced in Korean as “ainet” or “aineteu”. The cited service marks are also pronounced and perceived in those ways. Their pronunciation and concept are thus identical or very similar. Viewed as a whole, objectively and at a distance, the marks are similar enough to create a likelihood of confusion over the source of the services.
is more naturally perceived as @ than as a Korean letter. The symbol is commonly associated with internet email addresses and is weak for the internet-related information services concerned.That element lacks distinctiveness for the designated services. The dominant portion of the applied-for service mark is therefore “iNET”, which may be pronounced in Korean as “ainet” or “aineteu”. The cited service marks are also pronounced and perceived in those ways. Their pronunciation and concept are thus identical or very similar. Viewed as a whole, objectively and at a distance, the marks are similar enough to create a likelihood of confusion over the source of the services.[Similarity of the designated services]
The application and cited mark 1 shared data communication, wireless communication, facsimile communication and computer communication services. The business-information, advertising and statistical-information services also overlapped with related information services in the cited marks.
Accommodation-information services were closely related to tourist accommodation, condominium and hotel services under the former service classification.
[Decisions]
Both the marks and the designated services were therefore similar.
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