EMAIL: info@okeno-ip.jp
No. 135; Section 4-1-11: confusing similarity refusal;
GOLCIMA v. CORSIMA;
Appeal No. 2014-18993 (December 17,
2014)
Bottom line: The Board found that GOLCIMA is confusingly similar to
CORSIMA.
The applicant filed an
application for GOLCIMA in standard character designating pharmaceutical
preparations for human use. The examiner
refused to register the mark, citing CORSIMA also designating pharmaceutical
preparations.
The Board noted that
the applied-for mark will be pronounced [go-ru-shi-ma] and has no specific
meaning, whereas the cited mark will be pronounced [ko:-shi-ma] or
[ko-ru-shi-ma] and has no specific meaning.
The Board noted that
the marks share -O- and -IMA, and the first letters G and C are visually similar
with or without hook-like stroke. The
different letters -LC- and -RS- are the third and fourth letters of seven-letter
word, which do not leave much impression to consumer. Overall, the Board found that the visual
similarity outweighs the differences.
As for the comparison
of the sound, the cited mark can be pronounced in two ways. Comparing [go-ru-shi-ma] and [ko-ru-shi-ma],
the Board found that the first sound [go] and [ko], the only difference, is
phonetically similar and the rest sound is identical. As for [go-ru-shi-ma] and [ko:-shi-ma], the
latter half is identical but the beginning [go-ru] and [ko:] are sufficient to
distinguish the marks.
Overall, the Board
found that the marks are not comparable semantically, similar visually and one
of the probable sound of the cited mark is phonetically similar to that of the
applied-for mark, and concluded that the marks are confusingly
similar.
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