2002 Dang (post-remand) 1053(granted)
Category | Cited mark 1 | Cited mark 2 | Registered mark at issue |
Mark |  | SOLOIST | SOLO |
Designated Goods | Category 39: Computer, Portable Computer, Monitor, Fax | ||
[Similarity between the registered mark and cited mark 1]
1. Appearance
The registered mark consists of SOLO. Cited mark 1 combines SOLOTEC with a small flag-like graphic crossing the upper part of the fourth letter, O.
2. Pronunciation and concept
The small graphic is subordinate to the wording, and TEC is weak as an abbreviation associated with technology. SOLO therefore forms the dominant element, sharing the registered mark's pronunciation and concept.
[Similarity of the designated goods]
Computers, portable computers, monitors and electronic data-processing equipment could share manufacturers, electronics retailers and ordinary consumers. The goods were therefore considered similar in trade.
[Decisions]
Despite differences in appearance, the shared dominant pronunciation and concept could cause confusion on identical or similar goods.
Fax machines, telephones, printing telegraph equipment and image transmitters were also similar in characteristics, uses and trade channels under the former classification.
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