Trademarks not falling under Article 5 (1) 11 of the Trademark Act

A. The trademark is used to commend goods belonging to a particular business, and the purpose of the trademark system is to prevent unfair competition that may be caused by confusion with the trademark by viewing the relationship with the trademark and thereby preventing damage to the traders and consumers of the goods in question. Thus, the determination of the same kind of goods using a trademark identical or similar to the same or similar trademark used for the same kind of goods as provided by Article 5(1)11 of the former Trademark Act (Act No. 4911, Nov. 28, 49) should be made in line with the purpose of the trademark system.

B. A trademark which re-furns the Roman of the Rose of Sharon with the Roman letters "MUGHA" in the lower part of the trademark "MUGHA" and the Korean letters "MUGHA" are the same as those in the lower part of the trademark "MUGHA" and its appearance is the same as that in the lower part of the trademark "MUGHA" and thus, even if the two sides of the two are included in the similar trademark category, it is difficult to view the two parts of the two parts, which are the parts of the magGH, and which are handled by the magG as the goods of the same kind in the light of the transaction norms, and thus, there is no possibility of unfair competition or damage due to the misunderstanding of each trademark and the confusion of goods.

C. Article 53 of the former Enforcement Rule of the Trademark Act (Presidential Decree No. 284, Mar. 8, 500) provides for the convenience of the handling of trademark registration and does not stipulate the same kind of product, so it cannot be considered as the standard for determining the same kind of product.

Article 5 (1) 11 of the Trademark Act

An applicant for trademark registration, Kim Young-young

The Director of Patent Office Kim Jong-il

Inasmuch as a trademark is used to mark goods belonging to a particular business and its purpose is to prevent unfair competition that may arise due to the misunderstanding of trademarks with the goods of the same kind and to prevent damage on the part of the goods of the same kind under the provision of Article 5 (1) 11 of the Trademark Act, the issue of whether the goods are identical or similar to the trademark used for the same kind of goods as provided for in Article 5 (1) 11 of the Trademark Act shall be determined in accordance with the purpose of the trademark system. However, the entries of documents attached to the application for registration and the difference of the registered goods in the record of an appeal filed by the Korean Intellectual Property Office and the trademark registration No. 1328 of the Patent Act, which are no more than 14 of the Trademark Act, shall be considered to be the first 5-year trademark registration of the same kind of goods of the same kind and no more than 5-year trademark registration of the same kind of goods of the same kind and no more than 3-year trademark registration of the same kind of goods of the same kind, which are considered to be less than 1000.

Justices Lee Dong-sung (Presiding Justice)