2002 Heo 2709 (dismissed)
Category | Cited mark | Applied-for mark |
Mark | New Frontier New Frontier | CyberFrontier |
Designated Goods | Books, newspapers, magazines, pamphlets, Recorded tape (not music) | Books, newspapers, magazines, pamphlets, Phone card, phone book, painting, etc. |
[Similarity of the marks]
The applied-for mark consists of seven Korean characters and is not an established Korean word with an independent meaning predating the application. Given ordinary familiarity with English, consumers would understand it as a coined combination of Korean transliterations of “cyber”, meaning virtual or relating to cyberspace, and “frontier”, meaning a border region or unexplored field. The combination does not create a new unified concept, and its parts are not so inseparable that separate observation would be unnatural. It can therefore be perceived or pronounced by “Frontier” alone. In the cited mark, the Korean and English elements meaning “new” describe the quality or utility of the designated goods and lack distinctiveness. The dominant elements are the Korean transliteration of “Frontier” and the English word “Frontier”. When the applied-for mark is perceived or pronounced by that element alone, it coincides with the Korean element of the cited mark. The marks are accordingly identical or similar in concept and pronunciation.
[Designated goods]
The applied-for mark's books, newspapers, magazines and pamphlets are also covered by the cited mark. Use of the similar marks on these goods could lead consumers to believe that they come from the same producer or seller.
[Decisions]
The trademark is similar.
This article reflects the information available when it was published. Contact us to discuss your circumstances.