Visual similarity concerns whether the words, graphics and symbols of the marks could be confused as indicators of origin. Assess their overall visual impressions as encountered separately, rather than relying solely on a side-by-side comparison.
The registered mark comprises five Chinese characters. The smaller “化粧品” element directly indicates or evokes the designated cosmetics and lacks distinctiveness. By contrast, “雪黃” is a coined expression unrelated to the designated goods and is distinctive.
The applied-for mark comprises three Korean syllables, “Enlux,” while the earlier mark comprises the five Latin letters “emnux.” Their different scripts distinguish their appearance. Both are coined expressions without a particular meaning, so a conceptual comparison cannot be made.
Designated goods: adjuvants for cancer treatment, cell-regeneration preparations, anticancer drugs, biological preparations, tranquilizers, peripheral-nervous-system medicines, anti-inflammatory medicines, medical diagnostic preparations, circulatory-system medicines and tumor-treatment medicines (Class 5, Schedule 1 under Article 6(1) of the Enforcement Rules of the Trademark Act).
The assessment considers appearance, sound and meaning, the overall impression on ordinary consumers and traders, and the likelihood of confusion about commercial origin.
The court examines the words, graphics and symbols displayed in each mark to assess whether their overall visual impressions could cause confusion as indicators of origin.
A composite word mark is generally assessed through the appearance, sound and meaning of the wording as a whole. An independently distinctive component may also influence how the mark is perceived in trade.
Under the cited Article 7(1) provision, the registered mark must be similar to the mark used for comparison. Similarity is assessed objectively through overall and separate observation of appearance, sound and meaning for goods of the same kind.
Trademark similarity is assessed through appearance, sound and meaning, considering the overall impression on consumers and traders and the risk of confusion about origin.