[상표등록무효][집32(3)특,246;공1984.7.1.(731),1024]
A. Whether the trademark "Olims Co., Ltd. Co., Ltd" and the cited trademark "OYMPUS" are similar Olympos Eleccomic
B. Criteria for determining "the same name" under Article 9 (1) 9 of the Trademark Act and "the same name"
A. Inasmuch as the main trademark is the 35 clock of the product classification as the designated goods, the 'OYMP US' refers to medical machinery and apparatus of Category 11 as the designated goods of Category 35 of the product classification, so long as the main trademark and the quoted trademark are different products, and the cited trademark cannot be seen as being widely known to the general trader or user, it cannot be seen as a trademark that cannot be registered as a similar trademark under Article 9(1)9 of the Trademark Act.
B. In the requirements for a similar trademark under Article 9(1)9 of the Trademark Act which cannot be registered, first, whether the same is identical or similar should be determined depending on the goods identical or similar to those using two trademarks, and second, whether the trademark is well-known among consumers, namely, a well-known trademark, should be determined based on whether it is objectively widely known under the generally accepted social norms based on the period of use, method of use, mode, quantity of use, scope of transaction, etc. as well-known trademark.
Article 9(1)9 of the Trademark Act
Supreme Court Decision 80Hu108 Delivered on July 28, 1981, 80Hu113 Delivered on September 14, 1982, 80Hu74 Delivered on November 23, 1982, 80Hu74 Delivered on November 24, 1984
Shama Ma Madio Madio Madio Madio Mazhosa Sha
Oral Electronic Company
Korean Intellectual Property Office's appeal No. 48 of November 16, 1983
The appeal is dismissed.
The costs of appeal shall be borne by a claimant.
We examine the grounds of appeal.
According to the reasoning of the decision of the court below, the court below held that the registered trademark of this case is a cover of "Olympos Empos Empos Co. Ltd." under the crossing of "Korean characters," and that it belongs to the 35th class jum jum jum jum jum jum jum jum jum jum jum jum jum jum jum jum jum jum jum jum jum jum jum jum jum jum jum jum jum jum jum jum jum jum jum jum jum jum jum jum jum jum jum jum jum jum jum jum jum jum jum jum jum jum jum jum jum jus, and that it belongs to the 34 kinds of electrical machinery and appliances (excluding electronic instruments).
First, as a trademark which is recognized remarkably by consumers as indicating another person's goods which cannot be registered under the Trademark Act, the same kind of trademark is identical or similar to one another's goods which are used in the goods identical or similar to such goods, or which may cause confusion with another's goods which are recognized remarkably among consumers, the same kind of trademark should be decided depending on the designated goods. Second, it should be decided that a well-known trademark which is recognized remarkably among consumers is a well-known trademark in accordance with the period of use, method of use, mode, quantity of use, scope of transaction, etc., and whether it is objectively widely known under the social norms through the actual transaction circumstances of the goods. Therefore, the court below's decision that the designated trademark cited in the registered trademark of this case is different kind of goods from those of the designated goods of this case and the cited trademark cannot be seen as a well-known trademark widely known to ordinary traders or consumers. Thus, the court below's decision is just and there is no error in the misapprehension of legal principles as to whether there is a violation of the rules of evidence or a judgment of evidence or a judgment of origin.
Therefore, the appeal is dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices.
Justices Lee Il-young (Presiding Justice)