How to Determine Similarity of Trademarks (1)
In the article “
Effects of Trademark Rights” in this website, we have explained that an owner of a trademark right not only has an exclusive right to use the registered trademark in connection with the designated goods/services, but also is allowed to exclude the use of the scope of similarity by another person.
In this article, we are explaining “how to determine similarity of trademarks” to define “the scope of similarity” of trademarks.
First of all, similarity of trademarks is in principle determined in the following manner. First, review the filed trademark and the cited trademark in their entirety while comprehensively considering the impression, memory, association etc. which consumers may perceive from the appearance, pronunciation or concept of both trademarks. Then, conclude whether or not confusion as to source of goods/services might be caused when the filed trademark is used for the designated goods/services.
Basic definitions of appearance, pronunciation and concept are as follows.
・Appearance
Appearance means external forms visually perceived by consumers who come into contact with a trademark.
・Pronunciation
Pronunciation means sounds naturally perceived in transactions by consumers who come into contact with a trademark.
・Concept
Concept means meanings or implications naturally conceived in transactions by consumers who come into contact with a trademark.