Analysis of IP practice, AI technology and international protection, alongside news from IPLEX. Explore the articles in English.
391 articles and updates
391 articles
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.
Read articleA 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.
Read articleIPLEX patent attorney Yongduck Kim has been certified as an intellectual property instructor.
Read articleThe applied-for mark combines wording with simple green and blue geometric elements. The analysis considers whether those common shapes contribute distinctiveness to the mark.
Read articleA 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.
Read articleCompare 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.
Read articleThe 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.
Read articleThe applied-for trademark and service mark “uniPOS” combine “uni” and “POS” as a single expression. “POS,” short for “Point of Sale,” lacks distinctiveness in the relevant context. The combined mark was therefore found dissimilar to the earlier registered service mark “POS.”
Read articleThe applied-for mark combines a large “M” at the upper left, two intersecting curves in the center and “Plus” at the lower right. The words “Mobile card” appear above in very small lettering.
Read articleThe analysis considers appearance, sound and meaning objectively, as a whole and through separate observation. A shared dominant visual impression can be important, particularly when the marks are used on the same goods.
Read articleThe plaintiff argued that the registered mark resembled the dominant elements of earlier registrations 1 through 9. Those elements combine two opposing “e” shapes, open at the outer sides and without a central horizontal line. The registered mark instead depicts the eighth Greek letter, theta.
Read articleThe wording in both signs consists of the geographic name “Gyeongju” and the generic term “bread,” which lack distinctiveness on their own. The comparison therefore turns to the graphics, including the registered mark's stylized face-pattern roof tile and cloud-like features.
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