2001 Heo 5787 (dismissed)
Category | Cited mark 1 | Cited mark 2 | Applied-for mark |
Mark |  |  |  |
Designated Goods | Class 18: leather key cases, wallets not made of precious metal, briefcases, travel bags and handbags. | ||
[Similarity between the applied-for mark and cited mark 1]
1. Appearance
The application combines a kangaroo graphic within a circle, Korean wording at the upper right and KANGAROO below. Cited mark 1 uses a different three-tier arrangement of graphic, English and Korean wording. Their appearances differ substantially.
2. Pronunciation and concept
The components can be perceived separately. The circular border and the Korean suffix meaning “brand” lack distinctiveness, leaving the kangaroo graphic and wording as the dominant elements. Both marks therefore share the pronunciation and concept of kangaroo.
[Similarity of the designated goods]
The portable empty cosmetic cases in the application and cosmetic boxes in cited mark 1 were identical or similar in characteristics, uses, manufacturers, sellers and customers. Changes between the former and international classification systems did not alter that conclusion.
[Decisions]
Despite different appearances, the marks shared pronunciation and concept. The identical or similar goods made confusion as to source likely.
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