[거절사정][공1995.9.1.(999),2993]
A. Whether the trademark is similar to the trademark (1)
(b) The case holding that the applied trademark composed of the name of the U.S. U.S. U.S. U.S. U.S. U.S. U.S. U.S. P
A. The applied trademark and the cited trademark are both combined trademarks consisting of diagrams and letters, which are composed of a combination trademark consisting of figures and letters, and their figures and letters are distinguishable from each other. They cannot be viewed as being connected with each other, and it cannot be said that new concepts have been created by their combinations. Thus, the part of each constituent cannot be seen as being combined with a natural sense so that it can not be seen as being combined with a group. In particular, the applied trademark's "DALAS" in the applied trademark is an urban name of the U.S. Tex City and can be perceived only by the text. Since it is a conspicuous geographical name that is widely known to ordinary traders or consumers, such as the gift cards of the deaf-gu competition, the deaf-gu commemorative stamps, the post book, the deaf-gu book, and the printed book, etc., which are designated goods of the applied trademark, and thus, the applied trademark is referred to as "trick" in terms of trade circumstances that have no distinctiveness of other goods and thus, in such cases, it is not identical to each other trademark in terms or identical to each other trademark.
(b) The case holding that the trademark applied for registration is a famous trademark consisting of the name and core mark of "DALAS MAVVERKS", a professional farming district team of the United States widely known in the Republic of Korea and abroad, and it cannot be deemed that the trademark itself has a special distinctive character or that the figure and the letter and the figure are combined with a combination of the two parts.
Article 7 (1) 7 of the Trademark Act
(b) Supreme Court Decision 95Hu323 delivered on July 28, 1995 (Gong195Ha, 2588) 95Hu316 delivered on June 29, 1995
Attorney Gangnam-gu, Counsel for the defendant-appellant, Counsel for the defendant-appellant-appellant
The Commissioner of the Korean Intellectual Property Office
Korean Intellectual Property Office Decision 93Na2336 Dated January 26, 1995
The appeal is dismissed.
The costs of appeal shall be assessed against the applicant.
The grounds of appeal are also examined.
According to the records, considering the similarity between the original trademark and the cited trademark, since both the original trademark are composed of a combination trademark composed of figures and letters, the figure and the cited trademark are separated from each other, and they cannot be said to be a combination of parts so as to create new concepts by their combinations so it can not be seen that the separate observation of each constituent part can be recognized only with such characters. In particular, the term “DALAS” of the original trademark is an urban name of the United States Tex, which is the designated goods of the original trademark, and is a geographical name clearly recognizable to ordinary traders or users, such as the original trademark and the cited trademark, and thus, it cannot be seen that it is a combination of the original trademark, which is a combination of characters, and thus, it is not recognized that there is no distinction between the original trademark and the cited trademark and the cited trademark, and thus, it is recognized that there is no possibility of confusion between the original trademark and the original trademark as a combination of goods, and thus, it is recognized that there is no possibility of confusion with the original trademark as a combination of goods.
In the above purport, the decision of the court below that rejected the registration of the original trademark under Article 7 (1) 7 of the Trademark Act is just, and it is not erroneous in the misapprehension of legal principles or incomplete deliberation of the Trademark Act as to the determination of similarity of trademarks, such as the theory of lawsuit.
This original trademark is a famous trademark consisting of the name of "DALAS MAVERKS" and the core mark of the team foundation of the professional farm team of the United States NBA widely known domestically and overseas. Therefore, there is a special distinctive character of the trademark in itself, and therefore, the figure and the text portion are separate from each other in a combination relationship to the extent that the recognition of the figure and the text portion is not referred to or recognized as being separated from each other in a combination relationship to the extent that the nature of the nature of the nature of the trademark is unrecognified, the argument that there is no possibility of misconception or confusion between the original trademark and the cited trademark is a single opinion and cannot be accepted. The argument is without merit.
Therefore, the appeal is dismissed, and the costs of appeal are assessed against the applicant. It is so decided as per Disposition by the assent of all participating Justices on the bench.
Justices Ahn Yong-sik (Presiding Justice)