Supreme Court: "Honey Butter Almond Trademark Has Distinctiveness"… Gilrimyanghaeng Wins Final Victory Over Meogeobon in Trademark Lawsuit

The Honey Butter Almond of Gilimyanghaeng, which registered the trademark first on the left, and the Honey Butter Almond of Meogeobon, which applied for trademark registration later on the right.

[Asia Economy Reporter Kim Hyung-min] Jilimyanghang Co., Ltd., which produces the nut snack 'Honey Butter Almond' exported to 16 countries worldwide, has won the final verdict in a trademark dispute lawsuit against competitor Mugerbon.

The Supreme Court ruled that Jilimyanghang's 'Honey Butter Almond' trademark was differentiated by including a design element, unlike Mugerbon's similar trademark.

The Supreme Court's 3rd Division (Presiding Justice Kim Jae-hyung) announced on the 22nd that it upheld the lower court's ruling, which dismissed Mugerbon's claim to invalidate Jilimyanghang's 'Honey Butter Almond' trademark registration.

The court stated, "The term 'Honey Butter Almond' merely indicates the raw materials and thus lacks distinctiveness, and it is difficult to consider 'Honey Butter Chip' as a so-called 'famous trademark' that is widely recognized not only by trademark consumers but also by the general public, and that holds a superior position due to its quality. Therefore, the lower court's ruling against the plaintiff does not involve a misinterpretation of the Trademark Act."

Mugerbon and Jilimyanghang both produced and sold products under the identical name 'Honey Butter Almond.' However, a dispute arose because the packaging designs of the two companies' products were very similar.

In 2018, Mugerbon filed a lawsuit with the Patent Court claiming that Jilimyanghang's registered trademark lacked distinctiveness and was invalid after the Patent Trial and Appeal Board ruled that Mugerbon's product mark was very similar to Jilimyanghang's registered trademark, potentially causing consumer confusion.

Jilimyanghang had registered the trademark earlier in 2015, ahead of Mugerbon.

The Patent Court judged, "The design element of the (Jilimyanghang-registered) trademark depicts honey flowing together with butter, featuring a bee character either cheering on a piece of butter, flying while holding a piece of butter, or holding a honey-covered tool at the top of a honey jar. Such expressions and the overall composition are not commonly used methods related to the product."

This content was produced with the assistance of AI translation services.