Trademark Similarity Case: The Rhinoceros Mark

2001 Heo 6612 (dismissed)

The registered mark combines the following rhinoceros graphic:with Roadman beneath it. Cited mark 1 combines a graphic:with the Korean word Muso, meaning rhinoceros. Cited mark 2 is the Korean word for rhinoceros, while cited marks 3 and 4 are graphics:”, “The registered mark differs visually from the word-only mark 2, but its rhinoceros graphic resembles the graphics in cited marks 1, 3 and 4.

The graphic and wording in the registered mark are separable, allowing it to be identified as either a rhinoceros or Roadman. Cited mark 1 can also be identified as a rhinoceros through its graphic or wording.

Cited mark 2 conveys rhinoceros through text, and marks 3 and 4 through their graphics. The marks therefore share the rhinoceros pronunciation and concept.

The designated jackets, short coats, safari jackets, cotton trousers and menswear overlapped or were similar in characteristics, uses, manufacturing, sales channels and customers.

Dress shirts, T-shirts and sportswear were also identical or similar to the cited shirt goods in their characteristics and trade channels.

Leather shoes were similar to the cited slippers and footwear, and hats overlapped with those in cited marks 3 and 4.

The common pronunciation and concept, together with graphic similarities in marks 1, 3 and 4, made the marks sufficiently similar to risk confusion about source.