2002 Heo 765 (dismissed)
Category | Cited mark | Applied-for mark |
Mark |  |  |
Designated Goods | underwear, slip, corset, bra, etc. | Bras, panties, nightwear, pajamas, etc. |
[applied-for trademark and similarity of cited trademark]
1) Appearance and concept
The application combines the Korean wording Anbeullin with stylized Roman lettering:
The cited mark combines a ribbon graphic with mixed-case Evelyn. Their appearances differ. The application is a coined term, while Evelyn is a personal name, so a meaningful conceptual comparison was not available.
The cited mark combines a ribbon graphic with mixed-case Evelyn. Their appearances differ. The application is a coined term, while Evelyn is a personal name, so a meaningful conceptual comparison was not available.2) Pronunciation
The stylized Roman lettering does not simply transliterate the Korean Anbeullin. Both text elements can function as dominant elements and generate their own pronunciations.
The Roman lettering could be pronounced “Ebeullin” or “Ibeullin,” matching Evelyn in the cited mark. Even the Korean pronunciation “Anbeullin” was considered similar overall because of the shared final syllables and closely similar opening sounds.
The Roman lettering could be pronounced “Ebeullin” or “Ibeullin,” matching Evelyn in the cited mark. Even the Korean pronunciation “Anbeullin” was considered similar overall because of the shared final syllables and closely similar opening sounds.[Designated goods]
Both marks covered underwear and nightwear, including bras, panties, nightgowns and pajamas, with overlapping producers, sellers and consumers.
[Decisions]
The trademark is similar.
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