[거절사정][집37(4)특,367;공1990.2.1(865),263]
01. Method of determining whether a trademark indicates the raw materials of the goods;
Whether a trademark indicates the raw materials of the goods should be objectively determined in light of the concept of the trademark, the relationship with the designated goods, the reality of the real transaction society, etc. Therefore, whether the trademark is actually used as raw materials of the designated goods or whether it is actually used as raw materials of the goods and it should be recognized by ordinary consumers or traders.
Article 8 (1) 3 of the Trademark Act
Supreme Court Decision 81Hu75 Delivered on July 26, 1983
Attorney Lee Byung-ho et al., Counsel for the defendant-appellant
The Commissioner of the Korean Intellectual Property Office
Korean Intellectual Property Office's Decision 88Na150 Dated March 22, 1989
The original adjudication shall be reversed, and the case shall be remanded to the Korean Intellectual Property Trial Office.
We examine the grounds of appeal.
The original decision decided that the "MASONITE" applied for 11 items, such as the goods classification No. 26 of the product classification, as the designated goods, "Mason's item, such as the table, clothes, and scoo", and because the "Mason's item" means a strong tension, fiber board (construction materials), the designated goods are directly displayed as raw materials such as the table, clothes, or scoo", and thus, the designated goods fall under Article 8 (1) 3 of the Trademark Act.
However, the issue of whether a trademark indicates the raw material of a product should be objectively determined in light of the concept of the trademark, the relationship with the designated product, the actual trade society, etc. Therefore, whether the trademark is actually used as the raw material of the designated product in question or whether it is actually used as the raw material of the designated product in question (see Supreme Court Decision 81Hu75 delivered on July 26, 1983). The "Masonmbson" is deemed to fall under construction materials as a kind of fiber of fiber plates used mainly for smoke and galling, and even according to the records, such construction materials are used as the designated material of the trademark in question, and there is no data that can be deemed to have been recognized as being used as the raw material in the general trade society as the raw material in question, or that they are used as the raw material in question. The court below did not err by misapprehending the legal principles as to the trademark in question, or by misapprehending the legal principles as to the trademark in question, as it did not err in the judgment of the court below.
Justices Park Jong-dong (Presiding Justice)