EMAIL: info@okeno-ip.jp
No. 130; Section 4-1-11: confusing similarity refusal;
“Samsung OneLine” logo v. “ONE LINE”;
Appeal No. 2014-17752 (March
3, 2015)
Bottom line: The Board found “Samsung OneLine” logo not confusingly similar to “ONE
LINE”.
The
applicant filed a trademark application for “Samsung OneLine” logo shown below
designating television receivers connectable to other apparatus via one line,
DVD players connectable to other apparatus via one line, etc. in Class 9. The examiner refused to register the mark,
citing “ONE LINE” for telecommunication machines and apparatus in Class 9.
<Applied-for
mark>
All the designated
goods of the applied-for mark are included in those of the cited mark. So, the question is whether the applied-for
mark is similar to the cited mark or not.
The Board analyzed the
applied-for mark and found as follows:
- The applied-for mark
is composed of “Samsung”, “OneLine” (One is in orange), a blue square and a red
line. “Samsung” and “OneLine” are
written in the same font, and the left end of the red line is justified with the
left side of “Samsung” and “OneLine”.
Therefore, the mark will be unified as a whole in
appearance.
- “OneLine” means a
single line, and the figure part of the mark is clearly seen as an apparatus
connectable via one line. So, “OneLine”
and the figure part are weak as a source identifier.
- “Samsung” is
well-known to consumers in the relevant industry.
- There is no
circumstance that shows “OneLine” functions independently as a source
identifier.
- The mark will be
pronounced [samsung one line] or [samsung].
- The mark as a whole
has no particular meaning, however “Samsung” creates the meaning “Samsung’s
products”.
- Overall, the
applied-for mark is not similar to the cited mark.
And so the Board
reversed the refusal, and granted registration of “Samsung OneLine”
logo.
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