Starbucks vs. Starbap: Who Wins the Trademark Battle?
“Defamation of Starbucks’ Reputation vs. Names Crafted to Suit Korean Sensibilities
Patent Examiner, Support Starbucks Corporation
A ruling has been made that Starbucks and Starbap have similar trademarks.
According to a report by Newsis on the 5th, the 19th division of the Patent Trial and Appeal Board has decided in the trademark invalidation trial filed by Starbucks Corporation against the domestic restaurant Starbap that “Starbap’s trademark registration is invalidated.”
Mr. Hong registered and operated the trademark ‘Starbap’ in November 2021. Still, Starbucks Corporation claimed that Starbap’s trademark registration should be invalidated because it is similar to Starbucks’ trademark, and the naming and service industry are also the same.
Starbucks Corporation stated, “The registered trademark is likely to cause confusion or misunderstanding among consumers by evoking Starbucks or damaging its reputation, and it is a trademark that was filed with malicious intent by taking advantage of Starbucks’ reputation.”
Starbap argued, “The combination of the ‘s’ in steak, the ‘ta’ in tartar sauce, and the ‘baps’ representing various rice dishes is not an imitation of Starbucks but a name that suits the sentiments of Koreans.”
In addition, there is no possibility of confusion with the pre-registered trademark ‘Starbucks’ because no one in Korea can distinguish between ‘Bob’ and ‘Buck.’
Ultimately, the Patent Trial and Appeal Board ruled in favor of Starbucks. The board stated, “When considering the similarity between the two trademarks based on their appearance, naming, concept, etc., and the impression, memory, association, etc., they give to the general consumers as a whole, if there is a concern that they may cause confusion or misunderstanding about the origin of the goods, the two trademarks should be considered similar.”
In examining the similarity between ‘Starbap’ and ‘Starbucks’ trademarks, both trademarks consist of four syllables in Korean, and there are slight differences in color and font, but the third syllable is different from ‘bap’ and ‘buk.’ However, the dark parts of both syllables completely match ‘star,’ and the fourth syllable also matches ‘s,’ so distinguishing them based on appearance is difficult.
The Patent Trial and Appeal Board stated, “Although it is not possible to compare the two trademarks in terms of concept as they are both coined words, not only is it difficult to clearly distinguish them based on appearance, but there is also a concern that the similar designations, which play an important role when purchasing goods, may cause confusion or misunderstanding about the origin of the goods when used together for similar or identical products, for both general consumers and traders.” They explained that it is reasonable to consider them similar.
By. Kim Min Jung (wikikmj@wikitree.co.kr)
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