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.
Comparison of the earlier registered mark and the applied-for mark for veterinary medicines and vaccines, including products for dogs, cats and horses.
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.
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.