EMAIL: info@okeno-ip.jp
No. 075; Section 4-1-11: confusing similarity refusal;
STEC v. ESTECH; Appeal No. 2013-21173 (April 16, 2014)
Bottom line: The Board found STEC not similar to ESTECH.
The applicant applied
for STEC in standard character designating computer hardware and software, etc.
in Class 9.
The examiner cited
ESTECH logo shown below also designating computer software and other electronic
machines and apparatus in Class 9.
<Cited
mark>
Visually, the marks
are obviously different and easily distinguishable.
Phonetically, one of
the possible sounds of the applied-for mark [e-su-te-kku] is identical with that
of the cited mark, but different from the other possible sound of the cited mark
[i:-e-su-te-kku]. Further, the other
possible sound [su-te-kku] is different from [e-su-te-kku] or
[i:-e-su-te-kku].
Semantically, the
marks are not similar as neither has any specific meaning.
The Board has given
comprehensive consideration to the impression, recollection and association
attributed to the visual difference and semantic non-similarity of the marks at
issue, and concluded that the applied-for mark is not confusingly similar to the
cited mark despite the fact that the marks share one of the two possible sounds
in common.
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