Whether the registered trademark "MACRCIO" is similar to the trademark "GEORGES MACIO" (affirmative)

The registration of the trademark is invalid since the trademark is a combination trademark with the name of the designer and is composed of two parallels, and the trademark is composed of two parallels, with the name of "GEORGES MACRO", and the name of the trademark is identical or similar designated goods if the name of the trademark is used in the same or similar designated goods in the name of the trademark in the case of title, and the trademark is referred to as "Malano". The cited trademark is referred to as "Malano", "Malano", "Malano", or "Malano", and in particular, the cited trademark is referred to as "Malano", and it may be referred to as "Malano", and if the cited trademark is referred to as "Malano", it is likely to cause mistake or confusion as it is used in the same or similar designated goods.

Article 9 (1) 7 of the former Trademark Act (amended by Act No. 4210 of Jan. 13, 1990)

[Plaintiff-Appellant] Rocod Patent Office (Attorney Lee Byung-ho et al., Counsel for plaintiff-appellant-appellant)

Attorney Seo-o et al., Counsel for the defendant-appellant

Korean Intellectual Property Office Trial Office Decision 199 December 30, 1991, Decision 507 delivered per paragraph 89.

The appeal is dismissed.

The costs of appeal shall be borne by the respondent.

As to the ground of appeal by the respondent

According to the reasoning of the decision of the court below, whether or not a trademark is similar or not shall be determined based on whether or not there is a possibility of mistake or confusion among the goods in trade after objectively, comprehensively and separately observing the appearance, name, and concept, etc. of the trademark, and even if there is any difference between different parts, it shall be presumed that the trademark is a similar trademark if it is likely to be confused in its name or concept because the word constituting the essential part is similar. Then, the registered trademark is a character trademark with two crossings as in Roman and Korean, and the cited trademark prior to its registration is a word trademark identical or similar to the word "GECETRGSOOO" as in Roman, and two trademarks are identical or similar to the trademark "10 Manooo" or "9 Manoo" as in Article 19 (hereinafter referred to as "Manoooooo" or "10 Manoo" or "1 Manooo" as in Article 9 (hereinafter referred to as "Manooooooooo" or " 9".

The above fact-finding and judgment of the court below are just and do not contain errors of law such as misunderstanding of legal principles and incomplete hearing. We do not have merit.

Therefore, the appeal is dismissed and all costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Yoon Young-young (Presiding Justice) Park Young-dong Kim Jong-ho