2002 Heo 1645(dismissed)
[Related Law]
For the cited provision of Article 7(1) of the Trademark Act, similarity of goods is assessed according to ordinary trading perceptions. Relevant factors include quality, shape, purpose, production and sales channels, and the range of consumers.
Category | Cited mark | Applied-for mark |
Mark | DIGIRITE |  |
Designated Goods | Laser Direct Imaging System | Diodes, semiconductors, wafers, integrated circuits, transistors, print circuits, etc. |
[Similarity of the marks]
The applied-for mark includes DIGILITE with an inserted graphic:
The graphic is close to the surrounding letters and about the size of one letter, so consumers would read the word as a whole. DIGILITE and the cited DIGIRITE would both be pronounced “Dijiraiteu” in Korean, making the marks similar.
The graphic is close to the surrounding letters and about the size of one letter, so consumers would read the word as a whole. DIGILITE and the cited DIGIRITE would both be pronounced “Dijiraiteu” in Korean, making the marks similar.[Designated goods]
① The designated diodes, semiconductors, wafers, integrated circuits, thermistors, transistors and printed circuits are semiconductor-related goods. Integrated and printed circuits are used on circuit boards, while laser direct imaging systems are used in their manufacture. ② Samsung Electronics produced and sold both semiconductor manufacturing equipment, such as die bonders, and circuit-board inspection systems. ③ The evidence also described a distributor supplying semiconductors and semiconductor manufacturing equipment, including Japanese assembly and precision-cleaning systems, to Korean electronics companies.
Although the goods differed in physical characteristics, their uses were connected through printed-circuit-board production. The evidence of overlapping manufacturers, suppliers and customers supported a finding of similar goods.
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