[1] Criteria for determining similarity of trademarks containing letters

[2] The case holding that although the appearance and concept are different from the registered trademark prior to the application trademark/service mark, both trademarks are similar since the name is similar to those of the applied trademark/service mark, the designated goods of the applied trademark/service mark are identical or identical to the designated goods of the prior registered trademark, and thus both trademarks are similar

[1] Considering that today’s wide spread of advertisement and publicity media, telephone, etc., advertising a trademark using a voice medium, etc. or ordering goods by telephone, etc., the similarity of name can be deemed the most important factor in determining the similarity of trademark including text parts.

[2] The case holding that although the appearance and concept are different from the registered trademark prior to the application trademark/service mark, both trademarks are similar since the negative number and appearance of the applied trademark/service mark and the first registered service mark are the same as that of the first registered service mark, and the second registered service mark are also the same as that of the first registered service mark, and the second registered service mark are identical to the designated goods of the first registered service mark, and thus both trademarks are similar.

[1] Article 7 (1) 7 of the Trademark Act / [2] Article 7 (1) 7 of the Trademark Act

[1] Supreme Court Decision 97Hu3050 decided Feb. 25, 2000 (Gong2000Sang, 848)

Korea Educational Broadcasting Corporation (Patent Attorney Kim Yong-tae, Counsel for defendant-appellant)

The Commissioner of the Korean Intellectual Property Office

September 24, 2004

1. The plaintiff's claim is dismissed.

2. Litigation costs shall be borne by the plaintiff.

The decision made by the Intellectual Property Tribunal on July 10, 2004 on the case 2004 Won35 shall be revoked.

1. Details of the instant trial decision

A. The Korean Intellectual Property Office rendered a decision of refusal on the ground that the pending trademark service mark (1) of this case is similar to the registered trademark (2) of this case and the mark and the designated goods under Article 7 (1) 7 of the Trademark Act, and the Korean Intellectual Property Trial and Appeal Board may separately observe the trademark service mark of this case as to the plaintiff's appeal against the above decision of refusal by the Korean Intellectual Property Trial and Appeal Board, and the trademark service mark of this case can be separately observe the trademark service mark of this case in the form of diagrams and letters, and the letter part is also similar to the one of the preregistered trademark and its name, and the designated goods are similar to the designated goods, and thus the decision of refusal of the registration of the Korean Intellectual Property Office is reasonable.

B. The applied trademark, service mark and prior registered trademark of this case

(1) The applied trademark/service mark of this case

(A) Date of application: Number of the application on September 26, 2003: No. 2003-3470

(C) Composition:

(d) Designated goods and service business: CD-RM, video game sets, computer cambling room, computer electronic amusement equipment, recorded tape (excluding those in which music is recorded), recorded tape (excluding those in which music is recorded), recorded tape (referring to recorded tape), recorded tape (referring to recorded tape), film (referring to recorded tape), cartoon film (referred to recorded tape), photographic film (referred to as class 9), photographic film, photographic film phenomenon, and movie film phenomenon (category 40 classified as service business).

(ii) the preregistered trademark;

(a) Registration number: The owner of the trademark right of heading 517576 (b): Sharier Scooma show

(C) Date of application/registration: October 18, 2000/ April 12, 2002

(d) Composition:

(e) Designated goods: Cart storage containing a computer video game program, a camera containing a computer video game program, a card containing a computer video game program, a disc containing a computer video game program, a recorded compact disc (music), a recorded compact disc (musics), a recorded tape (musics), a recorded tape (musics), a recorded tape (musics), a magnetic tape for computer, a portable telecommunications device [Class 9 of the attached Table 1 of Article 6(1) of the former Enforcement Decree of the Trademark Act (amended by Ordinance of the Ministry of Commerce, Industry and Energy No. 146 of December 24, 2001)], etc.

【Evidence: No dispute between the Parties】

2. Determination as to whether the instant trial decision is justifiable

A. The plaintiff's assertion

The pending trademark service mark of this case is a character or mark widely known through broadcasting in the Republic of Korea, which is widely used and recognized as a whole in the actual transaction society, and is not a separate observation. Even if separate observation is made, the trademark service mark of this case is not similar to Cheongh, which is an essential part of the pending trademark service mark of this case, and the trademark "kih" which is an essential part of the registered trademark of this case, and "kih" which is an essential part of the registered trademark of this case, even if separate observation is made, with inorganic and organic music. Even if the name is similar, there is no possibility of misconception or confusion as to the origin of the goods because the overall appearance and concept have significantly changed. Thus, the pending trademark service mark of this case is not similar to the registered trademark of this case.

(b) Markets:

(1) Whether it is possible to separately observe the applied trademark/service mark of this case

The pending trademark service mark of this case is a trademark service mark with ‘Koreanbabab' in the shape of Baba, and the trademark service mark of this case is a trademark or service mark with ‘Korean babab' in which the last reproduction is written down below that figure. The shapes and letters of the pending trademark service mark of this case are separated and observed so that separate observation can be made because they can be made because they are not inseparably indivisible to the extent of natural erosion if they are observed separately, and the parts of these letters can be separated and observed with ‘babab' and ‘bab' as they are divided under the above and below.

Furthermore, there is no evidence to acknowledge that the applied trademark service mark of this case is always used and recognized as a whole in the real business society as alleged by the Plaintiff, and thus, it is difficult to recognize that the applied trademark service mark of this case has been widely known in Korea as to the designated goods or has been used only at all times from the specific use condition of the registered trademark service mark of this case around September 26, 2003, which is the filing date of the application date.

(2) Whether the trademark or service mark of this case and the prior registered trademark are similar

The composition of the applied trademark/service mark of this case is as seen above, and the registered trademark is composed of "KI KIK KIK service" and "Korean delivery key" above, and as the whole, there is no part remaining as to the size of both trademarks, especially as the distinctive mark at the time of their appearance, so it is not similar to the appearance of both trademarks, and it is possible to separately observe the applied trademark/service mark of this case as seen above. It is difficult to separate the registered trademark from those of the above, so it is difficult to separate and observe the trademark from the designated service mark of this case as 0, referring to 0, 00, 00, 000, 000, 000, 000, 000,0000,000,000,000,000,000,000,000,000,000,000,000,00,000,00.

C. Sub-committee

Therefore, the applied trademark service mark of this case has grounds for rejecting the registration falling under Article 7 (1) 7 of the Trademark Act ( even if the designated service business of this case is not similar to the designated goods of the pre-registered trademark, the subject matter of the lawsuit for revoking the decision of rejection is not all designated goods and the designated service business, and thus, even if there is a ground for rejecting the designated goods, the registration shall be refused as a whole, and the result shall not be affected.

The registered service mark of this case, which is composed of the same as the above on May 13, 1997, is able to separately observe and observe the pre-registered service mark registered as the registration number No. 36136, and the decision of this case, which is identical with the registered service mark of this case as the pre-registered service mark of this case and its mark is similar, and its designated service business is 's photographic treatment business, photographic prize business, etc.', is the same as the designated service mark of this case, and the designated service business of this case is similar to the designated service business of this case, and there is a ground for refusal of registration

3. Conclusion

The plaintiff's claim is dismissed. It is so decided as per Disposition.

Judges Kim Young-tae (Presiding Judge)