A. Criteria for determining similarity of trademarks

(b) whether the applied trademark “KSB” and the cited mark “KBS” are similar;

A. Whether a mark is similar or not shall be determined depending on whether there is a possibility of mistake or confusion as to the origin of a product based on the direct perception that ordinary consumers or traders feel with the trademark in the transaction of designated goods. Considering the external appearance, name, and concept of a trademark even if one of the trademarks is similar, the trademark cannot be deemed as a similar trademark where it can clearly avoid confusion as to the origin.

B. Even if the appearance of the original trademark “KSB” and the cited mark, which is the well-known business emblem of the Korea Broadcasting System, are similar, the concept and name are different. In light of the fact that the Korea Broadcasting System is implementing only broadcasting business and its incidental business, consumers of the machinery type, which is the designated goods of the applied trademark, are manufacturing, importing, or selling the goods in the Korea Broadcasting System, or there is no possibility of confusion between the source of the goods and the Korea Broadcasting System, and as a whole, the applied trademark and the cited mark are not similar.

Articles 45(1)1 and 7(1)3 of the Trademark Act

A. Supreme Court Decision 91Hu608 delivered on September 24, 1991 (Gong1991, 2624) 91Hu844 delivered on February 11, 1992 (Gong1992, 1033) 91Hu691 delivered on February 25, 1992 (Gong1169)

Ka Sstienen Scap Ltd. et al., Counsel for the defendant-appellant-appellee and one other.

The Commissioner of the Korean Intellectual Property Office

Korean Intellectual Property Office Decision 92Na330 dated November 29, 1993

The original adjudication is reversed, and the case is remanded to the Korean Intellectual Property Office.

The grounds of appeal No. 1 are examined.

The court below determined that the original trademark ‘KSB', the trademark term renewal registration of which was applied for on January 28, 1991, is just because the concept of ‘KBS', which is the well-known business emblem of the Korean Broadcasting System, is similar in light of the level of the general traders in Korea who do not have any interest in foreign letters, and even in the name, both trademarks are similar in terms of the name, and the two trademarks are identical in the front and the front and the entirety of which are important in the name are similar, and thus, the circumstances rejecting the renewal of the trademark term renewal registration by applying Article 45(1)1 of the Trademark Act are just.

However, the similarity of two trademarks shall be determined depending on whether the general consumers or traders in the transaction of the designated goods are likely to confuse the origin of the goods based on the direct perception that they feel the trademark. Even if one of the appearance, name, and concept of the two trademarks is similar, if it is possible to avoid confusion of the origin clearly as a whole, it shall not be deemed a similar trademark.

In light of the records, since the designated goods of the original trademark of this case are relatively specific machinery and tools such as wind power pumps, power pumps, power pumps, air compressed pumps, compressers, compressors, tackers, tackers, reactives, and air circulation machines, etc., which are relatively widely used by consumers, and its users can be seen as those engaging in other businesses by using them. Thus, in determining the similarity of two trademarks, in determining the similarity of two trademarks, consumers of the above nature can be seen as being at risk of confusion when they are directly and indirectly determined with an average care, the trademark of this case and the cited mark are similar, but the trademark of this case and the cited mark are very familiar with the trademark of this case, so it may be distinguished from the trademark of this case, "KBS" to us, so it is not easy to see the two trademarks, and even in the case of this subparagraph, the trademark of this case is referred to as "Iskn's kn't see it as "Isk," and it is also referred to as "Isk't k."

Therefore, even if the appearance of the original trademark and the cited mark are similar, the concept and name are different, and the Korea Broadcasting System only implements broadcasting business and its incidental business (see Article 21 of the Korea Broadcasting System Act). In light of the above, consumers of the machinery, which are the designated goods of the original trademark, are manufacturing, importing, or selling the goods in the Korea Broadcasting System, or there is no possibility of misconception or confusion between the origin of the goods and the Korea Broadcasting System, and as a whole, the original trademark and the cited mark are not similar.

Nevertheless, there is an error of misunderstanding the legal principles under Article 7 (1) 3 of the Trademark Act in the original trial decision that is similar to the original trademark and the cited mark. Therefore, there is reason to point this out.

Therefore, it is decided as per Disposition by the assent of all participating Justices on the bench that it is unnecessary to determine the remaining grounds of appeal, and the case is reversed, and the appeal is remanded to the Korean Intellectual Property Office.

Justices Jeong Jong-ho (Presiding Justice)