[상표등록무효][집16(3)행,005]
The trademark of "ACHCRYCIN" and the trademark of "ACHOYCIN" are governed by Article 5(1)8 of the Trademark Act.
Cases holding that “the mistake or mistake of a good” is likely to be confused or confluenced.
"에코마이신"이라는 국문자를 횡서하고 그 밑에 "ＡＣＨＯＭＹＣＩＮ"이라는 영문자를 횡서하여 구성된 상표는 "ＡＣＨＲＯＭＹＣＩＮ"이라는 영문자를 횡서하여 구성된 상표와 유사하며 상품을 오인, 혼동시키거나 기만할 염려가 있는 경우에 해당한다.
Article 5 (1) 8 of the Trademark Act
Amerasia Amerasia Commercial Corporation
Samsung Heavy Industries Corporation
Patent Court Decision on May 30, 1968: Judgment No. 165 delivered on Appeal, 1967
The appeal is dismissed.
Expenses for appeal shall be borne by the respondent.
The ground of appeal by the respondent's agent is examined.
The facts established by the court below in this case are as follows. The registered trademark (registered trademark 1 omitted) which was registered on November 30, 1954 by the claimant (registered on August 18, 1964) constitutes "ACHMYCIN", and the registered trademark as of February 17, 1965 (registered trademark 2 omitted) shall be crossed the Korean character "ACHOYCIN" and shall be composed of the English character "ACHOYCIN" under the bottom of the court below's decision. The above two trademarks shall be similar to each other in terms of their names and appearance, and thus, it shall be deemed that there is no conflict between the above two trademarks, and thus, it shall be dismissed in light of the above legal principles or reasoning, even if the respondent loses the registered trademark as of February 17, 1965.
This decision is consistent with the opinions of the involved judges.
The judges of the Supreme Court (Presiding Judge) of the Red Net Sheet