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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
대법원 1984. 5. 29. 선고 83후93 판결
[거절사정][집32(3)특,296;공1984.7.15.(732),1128]
Main Issues

Trademark "SYSTM12" is an electrical appliances which are designated goods, and is not registered as such.

Summary of Judgment

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.

[Reference Provisions]

Article 8 (1) 3 of the Trademark Act

claimant-Appellant

벨 텔레혼 메뉴펙츄어링 캄파니

Appellant-Appellee

The Commissioner of the Korean Intellectual Property Office

original decision

Korean Intellectual Property Trial Office Decision 183 decided October 31, 1983 (No. 1982) 1982

Text

The appeal is dismissed.

The costs of appeal shall be borne by a claimant.

Reasons

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)

관련문헌

- 특허법원 특허재판실무편람 특허법원 2002

참조조문

- 상표법 제8조 제1항 제3호

본문참조조문

- 상표법 제8조 제1항 제3호

- 상표법 제3조

원심판결

- 특허청 항고심판소 1983.10.31. 1982항고심판(절)제183호 심결