Main Issues
Whether a similar trademark is made with SKIN DEW (affirmative)
Summary of Judgment
The name, appearance, and concept are similar to the original trademark "SKIN DEW" and the cited trademark "SKIN DEW" which share the designated goods.
[Reference Provisions]
Article 9 of the Trademark Act
claimant-Appellant
C. C. C. C. C. C. S. S. S. S. S. S. S. S. Roster, Patent Attorney A. S.
Appellant-Appellee
The Commissioner of the Korean Intellectual Property Office
Judgment of the lower court
Korean Intellectual Property Office Decision No. 20 on June 14, 1985
Text
The appeal is dismissed.
The costs of appeal shall be borne by a claimant.
Reasons
According to the reasoning of the original decision, the original trademark is a character trademark with a crossing "SKINDW" in English, and its designated goods are 12 kinds of cremation, milk, fashion, and clishing, the designated goods are no more than 11068 (personal trademark) of another person's prior trademark, and the similarity of trademarks should be determined on the basis of whether there is a concern for confusion as to the source of goods in light of the common sense of the trade of goods by observing the appearance, name, and concept of the trademark as a whole, and on the premise that there is no concern for confusion as to the origin of goods under the premise that the original trademark of this case is an identical trademark "SKINDW" and the original trademark of this case is marked as "SINW" in English, and it is also inconsistent with the original trademark of this case with the original trademark of this case, and it seems that there is no concern for confusion as to the original trademark of this case with the original trademark of this case, and it is also inconsistent with the original trademark of this case with the original trademark of this case."
Therefore, the appeal is dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices.
Justices Kim Young-ju (Presiding Justice)