How to Determine Similarity of Trademarks (2)
In the previous article “
How to Determine Similarity of Trademarks (1)” in this website, we have mentioned that appearance, pronunciation and concept are the basic factors in determining similarity of trademarks. In this article, we are going into detail on “similarity of trademarks in appearance”.
In determining “similarity of trademarks in appearance”, it is required to compare both trademarks’ appearances which would give strong impression to the consumers who come into contact with the trademarks, and to consider whether or not the overall impressions of appearances visually perceived by the consumers are confusingly similar.
Following are specific examples of “similarity of trademarks in appearance”
Similar in appearance
Comment: Although these trademarks are different in the letters “x” and “X” at the end of the marks, i.e. one is a lower case letter and the other is a capital letter, the difference is very small. Therefore, both trademarks would give similar impressions in overall appearance.
Dissimilar in appearance
Comment: The horse devices in these trademarks have a clear difference in configuration. Therefore, both trademarks would give different impressions in overall appearance.
Note: The above shows examples of similarity only in appearance (without considering other factors) and should in no way be taken to conclude similarity of trademarks as a whole.