[1] Whether a service mark "Bhora" constitutes a technical mark, such as an open competitive sales agency business and an open competitive sales intermediary business (affirmative)

[2] Criteria for determining whether a service mark is eligible for registration

[1] The applied service mark "B", among the parts of the applied service mark "B", refers to "B" or "B" the world of a particular object regardless of its meaning, and the applied service mark combining "B" in front of the "B" is recognized as "a place where the designated service business is easily 'B' or "B" by ordinary consumers in light of the fact that the designated service business is an agent business and an intermediary business for safe sale." Thus, the applied service mark constitutes a service mark consisting of only the mark indicated in a common way that the designated service business is a business of selling and acting as an agent business for safe sale, offering good offices for sale.

[2] Whether a service mark is eligible for registration should be determined individually according to each service mark in relation to the designated service business.

[1] Article 6 (1) 3 of the former Trademark Act (amended by Act No. 5355 of Aug. 22, 1997) / [2] Article 6 (1) 3 of the former Trademark Act (amended by Act No. 5355 of Aug. 22, 1997)

[2] Supreme Court Decision 96Hu1170 delivered on March 28, 1997 (Gong1997Sang, 1239) Supreme Court Decision 97Hu3029 delivered on December 22, 1998 (Gong199Sang, 238)

Plaintiff (Patent Attorney Seo-sung et al., Counsel for plaintiff-appellant)

The Commissioner of the Korean Intellectual Property Office

Patent Court Decision 98Heo9147 delivered on December 10, 1998

The appeal is dismissed. The costs of appeal are assessed against the plaintiff.

We examine the grounds of appeal.

According to the reasoning of the judgment below, the court below held that the original service mark constitutes a service mark consisting solely of a mark indicating that the designated service business is a business of selling, acting, offering good offices, etc. in the form of the original service mark of this case (hereinafter referred to as the "original service mark") and that the original service mark combining the original service mark "B" in front of the "B" refers to the country" or "B" and its designated service is recognized as a place handling the original service mark "B" easily by general consumers in light of the fact that the designated service business is an agent for selling, and an intermediary for selling, and that the original service mark constitutes a service mark with a mark indicating that it is a business of selling, acting, or offering good offices for selling, etc., the original service mark constitutes a service mark with a mark indicating the original service mark in a common way, and that the original service mark is not registered under Article 6 (1) 3 of the former Trademark Act (amended by Act No. 535 of Aug. 22, 199).

In addition, the existence of eligibility for registration of a service mark should be determined individually according to each service mark in relation to the designated service business (see, e.g., Supreme Court Decision 97Hu3029, Dec. 22, 1998). Thus, even if a trademark or service mark, including the word “B” as a component of a trademark or service mark, was registered, the original service mark does not necessarily require the registration to be permitted solely on the ground that it was registered.

All of the grounds of appeal cannot be accepted.

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 Lee In-hee (Presiding Justice)