2002 Hu 1621(dismissed)
Category | Cited mark | Registered mark at issue |
Mark |  |  |
Designated Goods | Baby powder, baby oil, cosmetic cream, hand cream, cosmetic brushes, skin milk, nourishing cream, cold cream, powder containers and powder puffs. | Perfume, eyeshadow, eyebrow pencils, skin lotion, hairspray, hair mousse, lavender oil, compact powder, cosmetic brushes and manicure sets |
[Similarity of the marks]
The registered mark consists of “dodo, professional, make and up”. PROFESSIONAL means professional or, by implication, very good, while MAKE UP means cosmetics. Korean consumers would understand “professional cosmetics” or “very good cosmetics”, describing the quality or effect of the designated goods. Those elements lack distinctiveness, leaving DODO as the dominant element. Although it might be pronounced “dudu” by association with the English verb DO, the unspaced word DODO would predominantly be pronounced “dodo”. The cited mark’s Korean wording can be separated from its graphic and shortened to the same pronunciation. The marks are therefore phonetically identical and similar overall, without needing further comparison of appearance or concept.
[Designated goods]
The marks covered identical or similar cosmetics under Class 12 of the former Korean goods classification.
[Decisions]
The registered mark could be perceived by its dominant element, which had the same pronunciation as the cited mark. The similar goods reinforced the finding of similarity.
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