Trademark "SYSTM12" is an electrical appliances which are designated goods, and is not registered as such.
The "SYTSM12" in the applied trademark of this case is an electrical organization of Category 39 of the product classification as designated goods. The English "SYTSM" means a system, system, organization, order, etc., and it is likely that the "SYTSM" is widely used as a symbol after the specifications number or letter, and thus, the trademark of this case can not be registered as a trademark since it is highly probable that a general trader or consumer would be directly aware of a model number or standard mark when used for designated goods.
Article 8 (1) 3 of the Trademark Act
벨 텔레혼 메뉴펙츄어링 캄파니
The Commissioner of the Korean Intellectual Property Office
Korean Intellectual Property Trial Office Decision 183 decided October 31, 1983 (No. 1982) 1982
The appeal is dismissed.
The costs of appeal shall be borne by a claimant.
The grounds of appeal are examined.
According to the reasoning of the original decision, the court below held that the applicant's trademark of this case is an English and French character "SYTSM12" and the applicant's trademark of this case is an electrical destruction, detection machine, clothes cable, automatic exchangeer, and electrical breaker under Chapter 39 as designated goods. This case's trademark is marked "YYTSM" and "12" in the Arabic figure as a series of differences, and its English name "SYETM" means a system, system, organization, order, etc., and the Arabic figure "12" is widely used as a symbol after the size number or letter is widely used, and thus, the court below's decision of this case's trademark "SYET12" is just and it is not erroneous in the misapprehension of the legal principles or the records, and it is not possible to mislead consumers as to automatically detect or use the mark or its designated goods, and thus, it is not possible to mislead consumers as to automatically detect or use the mark or its designated goods in light of social norms.
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 on the bench.
Justices Jeong Tae-tae (Presiding Justice)