NEWS & 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.

391 articles and updates

391 articles

Trademarks

Trademark 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.

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Trademarks

Trademark 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.

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Trademarks

Trademark 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.

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Trademarks

Trademark 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.

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Trademarks

Trademark Similarity: Simvast versus SIMVASTA

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).

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