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(영문) 대법원 2004. 11. 26. 선고 2003후2942 판결
[거절결정(상)][공2005.1.1.(217),60]
Main Issues

[1] Criteria for determining "a trademark consisting solely of a simple and ordinary mark" under Article 6 (1) 6 of the Trademark Act

[2] The case holding that it is difficult to regard the applied trademark " as a trademark consisting solely of a simple and ordinary mark, because it is composed of "R-M" which connects "R" and "M to open (-) within the shape of refined shape to make viewers feel a new image

Summary of Judgment

[1] Whether a trademark for which an application for registration was filed falls under "a trademark consisting solely of a trademark consisting of a simple and common mark" under Article 6 (1) 6 of the Trademark Act shall be determined specifically by taking into account the actual circumstances of the transaction, the circumstances such as whether exclusive use of the trademark is permitted, and whether it is good, etc.

[2] The case holding that it is difficult to regard the applied trademark " as a trademark consisting solely of a simple and ordinary mark, because it is composed of "R-M" which connects "R" and "M to open (-) within the shape of refined shape and makes it possible to feel new images."

[Reference Provisions]

[1] Article 6 (1) 6 of the Trademark Act / [2] Article 6 (1) 6 of the Trademark Act

Plaintiff, Appellee

2. The term "patent attorney Park Sung-sung et al., Counsel for the plaintiff-appellant-appellant)

Defendant, Appellant

The Commissioner of the Korean Intellectual Property Office

Judgment of the lower court

Patent Court Decision 2003Heo4733 delivered on November 20, 2003

Text

The appeal is dismissed. The costs of appeal are assessed against the defendant.

Reasons

The court below determined to the purport that the trademark of this case is not a trademark consisting solely of a simple and ordinary mark when observing as a whole, since the trademark of this case is composed of "R-M" and "R-M, which connects each constituent component of the trademark of this case, and "open (-)" and "open (-)" which connects each constituent component of the trademark of this case. However, the trademark of this case is composed of "R-M," which connects both 'R' and 'M to open (-) within the shape of 'open (-)' and it is sufficient to distinguish consumers from whom the trademark of this case is used.

In light of the legal principles and records that should be determined specifically by taking into account the actual circumstances of the transaction, whether a trademark for which an application for registration was filed falls under "a trademark consisting solely of a mark" and "a trademark consisting solely of a common mark" under Article 6 (1) 6 of the Trademark Act, and the circumstances such as whether exclusive use of the mark is good even if the exclusive use of the mark is permitted, the court below's above recognition and determination is acceptable. In so doing, there is no error of law by misapprehending the legal principles as to the distinctiveness of a trademark, and the

Therefore, the appeal is dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition.

Justices Byun Jae-chul (Presiding Justice)

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