2002 Hu 598 (dismissed)
Category | Cited mark | Registered mark at issue |
Mark |  |  |
Designated Goods | Class 26: bottles, vases, jars, white porcelain and blue porcelain | |
[Similarity of the applied-for and cited marks]
1. Appearance
The registered mark combines the Korean name Cheokju Donghaebi with the Chinese characters “陟州東海碑”, arranged vertically. The cited mark combines a graphic with a smaller Korean rendering of that name. They differ markedly in their graphics, Chinese characters and the size of the Korean lettering, and are not similar in appearance.
2. Pronunciation and concept
The registered mark can be pronounced Cheokju Donghaebi and understood as the named East Sea monument. The cited mark's wording can be perceived separately from its graphic and has the same pronunciation and concept.
[Designated goods]
Celadon and white porcelain are types of ceramics and are traded as such. They were therefore identical or similar to the cited mark's ceramic goods.
Vases and shallow display bowls can be ceramic products and may share producers, sellers and customers with the cited ceramics.
[Decisions]
Although the marks differed in appearance, their identical pronunciation and concept created a likelihood of confusion. The relevant vases and display bowls were also identical or similar to the cited ceramic goods.
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