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Bottom line: The Board held the two lion emblems not similar and dismissed the opposition.

The Scotch House Ltd. filed an opposition on the ground that the marks below are confusingly similar.

[Opposed mark]


[Earlier mark]

Both marks are registered in Classes 18 and 25, and some of the designated goods are identical.  So the question is whether the marks are distinguishable or not.  The Board observed the two marks and found as follows:

[Common elements]
- Both marks consist of a lion-like silhouette figure in a rampant position, tail raised and tongue stuck out.

[Different elements]
- The lion-like figure of the opposed mark wears a crown, while that of the earlier mark has stylized letters “sh” on its head.
- The opposed mark has 3 white lines in parallel over its body and tail.
- The earlier mark has an eyehole, and white space separates the body parts.

[Comparison]
- The difference of the appearance of the two marks overweighs the similarity in the mind of the consumer.  Therefore, the marks are visually distinguishable.  In addition, the marks are not confusingly similar phonetically and semantically, because the marks merely conjure an image of a lion-like animal, and do not identify a specific beast.
- Overall, the marks at issue are not confusingly similar.

And so the Board dismissed the opposition.

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