2002 Heo 4200(dismissed)
Cited mark | Applied-for mark |
ART |  |
[Distinctiveness of ART in the applied-for mark]
ART can mean art, technique or skill. Those meanings do not directly describe confectionery, so the term can distinguish the source of the designated goods.
Other registrations containing ART, such as ART BOX, CRE ART, ART LAND, ROMAN ART, RICHART and FINE ART, did not by themselves establish that ART lacked distinctiveness.
[Similarity of the marks]
1. Appearance
The applied-for trademark and the trademark are not similar in their appearance.
2. Pronunciation and concept
The layout separated LOTTE from DE ART, and ART could be perceived independently within the latter element. The applied-for mark could therefore be identified by ART alone.
When identified by ART, the applied-for mark shared the cited mark's pronunciation and meanings of art, technique or skill.
[Decisions]
Although the appearances differed, the identical dominant pronunciation and concept made the marks similar overall for identical or similar goods.
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