결합상표의 유사여부에 관하여

Similarity of multiple words trademarks

Similarity of marks plays on pivot role in application of the trademark as well as infringement. Similarity of marks is judged by their sound, appearance, and meaning. In this case, the similarity of the sound and meaning of the mark is on the issue. Patent court dissects the English word and judges two marks are sufficiently similar that confusion can be expected on the basis of similarity in sound. However, the Supreme court reverse the judgement of the lower court. The Supreme court does not decide the likelihood of confusion based solely on the dissecting the mark. Instead, it points out that the appearance and the meaning should be considered as an important aspect for the purpose of applying a likelihood of confusion. Based on this case, it is obvious that a mark should not be dissected and considered piecemeal; rather it must be considered as a whole in determining likelihood of confusion.