Respond to Ground for refusal under Article 4 (1) 11

If examiners find registered trademarks that are similar to the trademark, they would issue a ground for refusal under Article 4 (1) 11.

A similarity is judged by impression, suggestion, and memory that are based on appearance, sounds, and concepts.

Even though the classification of designated goods or services of the International Registration are different from the ones of the cited trademarks, the trademark can be similar to the cited trademark.

Because similarity of designated goods is not judged by classification.

All goods and services are given similar group cords.

If some similar group cords of the trademark are same to the ones of the cited trademark, the both goods and/or services are judged as similar automatically.

To resolve the ground, holders need to delete the designated goods and services that conflict with the cited trademark, or to make the examiner accept unlikeness between the trademark and the cited trademark.