IP High Court Decision, 2022Heo5881 (Case Concerning trademark)

The Registered Trademark at Issue is not similar to the Prior-registered Trademark in terms of its mark, and therefore, it cannot be considered to cause misunderstanding or confusion regarding the source of goods. Consequently, there is no need to further examine other requirements, such as the similarity of the designated goods, as the trademark does not fall under Article 34(1)7 of the Trademark Act. Accordingly, the IPTAB decision is consistent with the above analysis and shall be upheld.

----------------------------------------------------------------------------------------

KEY WORDS : Invalidation of Registration, Article 34(1)(7) of the Trademark Act, similarity between the registered trademark, Hyundai Connect, well-known and famous trademark, IP High Court of Korea