2002 Hu 2761(dismissed)
Category | Cited mark | Registered mark at issue |
Mark |  |  |
Designated Goods | Class 32: apple juice, carbonated water, orange juice, bottled water for non-medical purposes, beer and stout, among other goods. | Category 32: Non-alcoholic fruit nectar, cider, malt beverage, carbonated water, isotonic drink, etc. |
[Similarity of the marks]
1. Appearance
The cited mark places HITE inside a broad, nearly rectangular shield border with an opening at the top and a small graphic at the center of that opening:
The registered HIVE mark uses a similar border and a small graphic in the corresponding position:
The overall layouts are closely similar despite the T/V difference, the styling of the final letter and differences in the small graphic.
The registered HIVE mark uses a similar border and a small graphic in the corresponding position:The overall layouts are closely similar despite the T/V difference, the styling of the final letter and differences in the small graphic.2. The Pronunciation
The Korean pronunciations of HITE and HIVE share the first two of three syllables and differ only at the end. Their overall sound was therefore considered similar.
3. The concept
HITE is a coined term that may evoke the well-known Hite brewery. HIVE has dictionary meanings relating to a beehive, but that meaning was not widely understood by Korean consumers. The conceptual difference therefore had limited source-distinguishing significance.
[Designated goods]
The Class 32 beverage goods overlapped, including cider, orange and grape juices, bottled water and carbonated water. The other beverages were also similar in characteristics, uses, sales channels and consumers.
[Decisions]
Despite conceptual differences, the marks were similar overall in appearance and pronunciation. Their goods were also similar, so the registration conflicted with the earlier-filed mark under former Article 8(1) of the Trademark Act.
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