2003 Hu 69
Applied-for mark | Cited mark |
iSeum |  |
[Similarity of the marks]
1. Appearance
The application is for the word mark iSeum. The cited mark includes a graphic:
The other mark combines a graphic with Korean wording identifying Seum Media Co., Ltd. and the English words “SEUM MEDIA CO. LTD.” arranged vertically. The marks differ substantially in their graphics, the types of characters and the number of letters, and are therefore not similar in appearance.
The other mark combines a graphic with Korean wording identifying Seum Media Co., Ltd. and the English words “SEUM MEDIA CO. LTD.” arranged vertically. The marks differ substantially in their graphics, the types of characters and the number of letters, and are therefore not similar in appearance.2. The Pronunciation
Although iSeum has no space, the lowercase i and capital S visually separate the elements i and Seum.
The letter i was widely used as an abbreviation for information or internet in business names and marks. It therefore had little or no distinctiveness for the goods, allowing the applied-for mark to be pronounced by Seum alone, as “Se-eum” or “Se-um” in Korean.
The cited mark's graphic and wording were separable. Corporate designations and MEDIA were non-distinctive or weak for the goods, leaving SEUM and its Korean equivalent as the dominant element, pronounced “Se-eum.”
The marks therefore had identical pronunciation when iSeum was pronounced “Se-eum,” and similar pronunciation when it was pronounced “Se-um.”
[Decisions]
Assessed as a whole, objectively and at separate times, the marks were similar because their dominant pronunciations were identical or similar. Use on identical or similar goods could cause confusion as to source.
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