Drawing on his experience as an external technology-evaluation advisor for KOSDAQ listings, Yongduck Kim examines how AI businesses can prepare for Korea's technology-based listing route. His analysis has been published in AI Times.
An SME representative recently sought advice after receiving a patent infringement warning by certified mail. This article explains practical considerations in preparing a response.
The applied-for mark and the earlier registered mark differ visually in their wording, including “THE MAGIC” and “Steam,” and in their graphic elements.
Comparison of the registered and earlier service marks for financial services, including development finance, international finance, investment, guarantees, lending and accounting.
The court compares appearance, sound and meaning and considers the marks' overall impression on consumers and traders. For use on the same goods, the central issue is the likelihood of confusion about source.
Similarity is assessed through the marks' appearance, sound and meaning, considering consumers' overall impression and potential confusion about source. The analysis also considers how the individual word and graphic elements contribute to that impression.
A composite service mark may be referred to or understood through an independently distinctive element where separating its components would not be unnatural in trade. More than one pronunciation or meaning may therefore arise.
The applied-for mark combines wording with simple green and blue geometric elements. The analysis considers whether those common shapes contribute distinctiveness to the mark.
A mark combining words or graphics need not always be pronounced as a whole. Where the elements are not naturally inseparable, a distinctive part may determine how consumers refer to the mark.
Compare the marks' appearance, sound and meaning as ordinary consumers and traders perceive them, then assess whether their overall impressions create a likelihood of confusion about the goods' origin.
The applied-for and earlier registered marks differ in appearance. The applied-for mark is a coined expression, so a meaningful conceptual comparison cannot be made.