Whether all the designated goods are similar (affirmative) in the applied trademark "SOLARS" and others' prior registration (affirmative)

In comparison with the trademark "SOLARIS" and the trademark "slum" at the bottom of the upper part of the application trademark "SOLARI" and the trademark "slum" at the top of the upper part of the upper part of the trademark "SOLARI", it means that the part of the trademark applied for registration and the trademark cited for the trademark is merely a simple illumination in its concept, but the Korean version of the cited trademark is an English "SOLARIUM" and the part of the cited trademark "the word "slum" in the application trademark and the cited trademark can be different from the other one in its concept. However, since the cited trademark in its name is the word "Slum" or the word "Slum" part of the Korean trademark or the word "Slum" part of the trademark at the bottom, both trademarks are similar to the trademark at the request of both trademarks, and there is no possibility of confusion between the two trademarks at the request of the applicant's appearance and the designated goods at the request of the applicant's trademark at the same level as the designated goods.

Article 9 (1) 7 of the former Trademark Act (amended by Act No. 4210 of January 13, 1990)

City Cambodia Patent Attorney Han-young et al., Counsel for the defendant-appellant-appellant

The Commissioner of the Korean Intellectual Property Office

Korean Intellectual Property Office 90. 31 Oct. 31, 1990

The appeal is dismissed.

The costs of appeal shall be borne by the applicant.

We examine the grounds of appeal.

1. The trademark applied by the applicant (hereinafter referred to as "original trademark") is "SALIS", and the trademark registered prior to others (hereinafter referred to as "the cited trademark") is merely the same as the trademark of another person," and the appearance of "SOLI", which is the upper part of the cited trademark, shall not be "the solar", "the Solar or Solar", but shall not be "the Solarium" in the lower part. As the cited trademark does not fall under the bottom of the above subparagraph, the cited trademark is merely the one indicated in Korean language as the word "OLIS", and the cited trademark is merely the one indicated in the word "OLIIS" and it shall be deemed that the word "the solarium" in the bottom of the above part and the word "the solarium" in this part shall be deemed to be the word "the solarium or solar" in English, and the cited part of the cited trademark shall be deemed to be the word "the solarium" in this part "the solar," and it shall be deemed to be the word "the solar" in this part".

2. Therefore, when observing both trademarks in an objective, overall, and separately, it is different in that they can have a specific concept only when the Korean version part of the cited trademark compared to those without the meaning of the original trademark is considered to be "SOLAR-UM" as an English mark. However, each part of the original trademark and the cited trademark is similar to that of the original trademark and the cited trademark, and the appearance of one part of the cited trademark is similar to that of the original trademark, and the designated goods are also similar to that of the original trademark, and the original trademark are also similar to that of the English mark, and the original trademark is also identical to that of the test board (blood type tester), the blood test machine, the diagnostic device, the curative device, the curative device, the manual, or the blue body, and the cited trademark is identical to that of the original trademark, and its conclusion that the trademark is merely a similar to that of the original trademark, and thus, it cannot be seen to be justified in the judgment of the court below prior to the amendment of the former Trademark Act No. 1901, Dec. 13, 19, 1997.

For these reasons, 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 Jong-soo (Presiding Justice)