Main Issues
Trademark “SAMYG COFE MAE” as designated goods (negative)
c. Corerc d.s.
Summary of Judgment
This trademark consists of two parts of the main trademark consisting of two parts, and among them, it refers to the food cream at the time of riding coffee. Thus, if the above trademark is used for ew, eggs, spaw, spaw, spaw, etc. which are not related to coffee, it is likely that a general trader or a consumer may be mistaken for the contents of the goods to be cream made in "Tyang", and the above trademark cannot be registered pursuant to Article 9 (1) 11 of the Trademark Act.
[Reference Provisions]
Article 9(1)11 of the Trademark Act
claimant-Appellant
Samyang Food Industry Corporation
Appellant-Appellee
The Commissioner of the Korean Intellectual Property Office
original decision
Korean Intellectual Property Trial Office 1984 dated September 24, 1984
Text
The appeal is dismissed.
The costs of appeal shall be borne by a claimant.
Reasons
The grounds of appeal are examined.
The quality of goods stipulated in Article 9 (1) 11 of the former Trademark Act (amended by Act No. 3326 of Dec. 31, 1980) refers to the nature of goods which has the original nature and which trademark indicates the character of the designated goods should be determined in consideration of the concept of the trademark in question, the relationship with the designated goods, and the circumstances of the trade society. Since the decision of the court below consists of two parts of the trademark in question, the applicant trademark in this case, and it is common sense that the trademark in this case means the food of the food of the food of the food of the food of this case, the trademark in this case consists of two parts of the trademark in this case, which means the food of the food of the food of this case, which means the food of the food of the food of this case, which is not related to coffee, eggs, spath, spath, spath, and spath, etc., and there is no error in the misapprehension of legal principles or incomplete deliberation.
Therefore, the appeal is dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices.
Justices Kim Young-ju (Presiding Justice)