Trademark Similarity Case: 700
Service-mark similarity is assessed objectively through overall and separate observation of appearance, sound and meaning, focusing on how consumers and traders perceive the source of the services.
Read articleNEWS & INSIGHTS
Ideas, developments
and perspectives on IP.
Analysis of IP practice, AI technology and international protection, alongside news from IPLEX. Explore the articles in English.
336 articles and updates
AllPatentsAI & SoftwareOverseas TrademarksDesignsTrademarksIPLEX NewsOverseas DesignsOverseas PatentsCopyrightTechnology Listing
336 articles
Trademark Similarity: Key Judicial Findings
The wording “DOHC” is unrelated to the bag and wallet retail services at issue and dominates the mark, giving it strong distinctiveness. The small bird graphic makes a limited contribution to the overall impression.
Read articleIP Daily Column: The Nike Shoe NFT Case
Yongduck Kim draws on blockchain knowledge and IP work involving Kakao and TMAX affiliates to analyze the US trademark dispute concerning Nike shoe NFTs.
Read articleTrademark Similarity: A Pictorial-Mark Case
① Both marks consist of stylized anchor designs and do not readily evoke a name or concept other than an anchor. ② The court considered the written and visual evidence in Exhibits 10 through 93, including their subparts, together with the overall arguments.
Read articleTrademark Similarity: GRAZIA versus GRACIA
Where the components of a mark are not naturally inseparable, an independently distinctive element may determine how consumers pronounce or understand it.
Read articleTrademark Similarity: ELIN versus Eryn Brinie
Analysis of a dominant element or separate component supports the assessment of the mark as a whole. Even if one aspect of appearance, sound or meaning is similar, the marks may remain distinguishable where consumers' overall impressions clearly avoid confusion about origin.
Read articleTrademark Similarity: RABVAC versus LAVAC
Comparison of the earlier registered mark and the applied-for mark for veterinary medicines and vaccines, including products for dogs, cats and horses.
Read articleTrademark Similarity: SERA versus Ceragem
The registered service mark and the earlier mark consisting of “Ceragem” were found dissimilar in appearance and concept.
Read articleTrademark Similarity: PRAGRAN versus PROGRAF
The cited Trademark Act provision requires the applied-for mark to be identical or similar to another person's earlier registration and to cover identical or similar goods. Similarity is assessed objectively through the mark's overall appearance, sound and meaning.
Read articleTrademark Similarity: How Courts Assess Similar Appearance
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.
Read articleTrademark Similarity Case: Seolhwang
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.
Read articleTrademark Similarity Case: Enlux
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.
Read article