Date of
Judgment: February 27,1968
Issuing
Authority: Supreme
Court
Level of
the Issuing Authority: Final Instance
Type of
Procedure: Judicial
(Administrative)
Subject
Matter: Trademarks
Summary
of the judgment (decision):
In
the case of a trademark having the designated goods of threads and yarns in
general and having the pronunciation of "shi-yo-u-za-n", and a trademark having the designated
goods of glass fiber yarns only and having the pronunciation of "hi-yo-u-za-n", if the two trademarks are significantly
different in appearance and concept, and furthermore, if, in the actual
conditions of transaction of glass fiber yarns, it is rarely the case that a
trademark is identified only by the pronunciation and then the quality is recognized
by learning the source of the goods, it is reasonable to acknowledge that the
two trademarks are not similar.
(This
translation is provisional and subject to revision.)