(a) Criteria for determining whether a trademark has indicated the quality, efficacy, etc. of the designated trademark

(b) A register of trademarks with software of electronic calculator and an explanatory note related thereto as designated goods;

A. Whether a trademark indicates the quality, efficacy, etc. of the designated goods must be determined objectively in light of the concept of the trademark, the relationship with the designated goods, and the social situation of the transaction.

(b) Any trademark with a software of an electronic calculator, an explanatory note thereon, etc. as designated goods shall not be registered pursuant to Article 8 (1) 3 of the Trademark Act because it is impossible to directly indicate the nature (the purpose, form, quality and method of use) of such designated goods;

Article 8 (1) 3 of the Trademark Act

The position in microfarc crums;

The Commissioner of the Korean Intellectual Property Office

Korean Intellectual Property Office Decision 273 dated February 28, 1986

The appeal is dismissed.

The costs of appeal shall be assessed against the applicant.

We examine the grounds of appeal.

1. According to the reasoning of the court below's decision, this original trademark is a trademark with the English character of 52 classification of goods and 17 items such as tapes, disks, etc. as designated goods, but the English character "O" in its composition is not excluded from the recognition of "O" in the above original trademark since it is recognized as "MICTRO" and it is objectively recognized that the original trademark is composed of two words such as "MICO" and "SOFT" and its peripheral devices have been widely produced in a variety of high-tech and scientific technology development, and it is hard to recognize the original trademark as a general consumer of the designated goods in light of its characteristic and hardness, and there is no evidence that it is hard to recognize that the two trademarks are used directly for the designated goods in the world, such as e-mail and e-mail, and it is hard to recognize it as a general consumer of the designated goods in light of its character and e-mail.

2. Whether a trademark indicates the quality, efficacy, etc. of the designated goods must be objectively determined by considering the concept of the trademark, the relationship with the designated goods, and the circumstances of the trade society, etc. In light of the records, even if examining the original decision in light of the records, the above recognition decision of the original decision of the court below is just and the original decision of the court below is not acceptable, and there is no illegality in the misapprehension of legal principles, incomplete deliberation, omission of judgment, violation of the rules of evidence, etc., such as the theory of lawsuit, and the precedents pointing out the arguments are not appropriate. All arguments are not acceptable.

3. 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 Yoon Yoon-tae (Presiding Justice)