The case holding that the registered trademark "sken light light" constitutes a trademark consisting solely of a mark indicating the quality, use, etc. in a common way with respect to the designated goods whose character is related to the registered trademark, and that the designated goods which do not pass through the process are likely to mislead people into the quality thereof.

[1] Articles 6 (1) 3 and 7 (1) 11 of the former Trademark Act (amended by Act No. 4597 of Dec. 10, 1993)

Jung-chul (Law Firm Name, Attorneys Yoon Jong-tae et al., Counsel for the plaintiff-appellant)

The Korean Film Association (Patent Attorney Go Young-young, Counsel for the defendant-appellant)

Patent Court Decision 2002Heo2280 delivered on August 22, 2002

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 determined that the mark "brings" of the registered trademark of this case " [number : No. 312202, book, magazine, picture, California, book, tape, picture, tape (not music), picture, picture or picture]" falls under Article 6 (1) 3 of the former Trademark Act (amended by Act No. 4597, Dec. 10, 1993; hereinafter the same shall apply) and is widely known, and that the mark "brings" falls under the category of the designated goods of this case, "as long as it is not directly related to the content of the registered trademark of this case or is not related to the content of the registered trademark of this case."

It can be seen that the word "bring" is a light (c) that is not unfased in the Korean language advance, but the word "C" accounts for a lot of length or volume compared to any standard. The word "C" is so significant. The word "C" is a general term "fassing a complete sense, experience, and various phenomena". The word "fassing a word with a word "fassing a word in a word," and it is known that anyone who uses the word well "assing a word in a word," is aware of the fact that it is written," together with the concept of "Cda" and "C" as well as the content and transaction circumstances of the designated goods of the trademark of this case, it is reasonable to see that general consumers or traders are "fassing" as a good character or a good character of the registered trademark of this case, such as an "fassing" with the size of the word "fass", "fassing, or a good character".

Thus, the registered trademark of this case is not only recognized as a book on sexual landscape, which is written in a large letter so that it can be easily recognizable if it is used for designated goods, such as books, magazines, and brochures, but also recognized as having dealt with the contents of "(an excellent writing) sexual landscape" even if it is used for the remaining designated goods. Accordingly, the registered trademark of this case constitutes a trademark consisting solely of a mark indicating the quality or use of all the designated goods in a common way.

In addition, if the designated goods of the registered trademark of this case are contents unrelated to the sex of the designated goods, it can be said that the general consumers or traders contain the content of the sex of the designated goods, which might cause the misunderstanding of the quality of the designated goods.

Therefore, although the reasoning of the judgment below is somewhat insufficient, it is just to conclude that the registration should be invalidated on the registered trademark of this case on the ground of invalidation of registration under Article 6 (1) 3 or 7 (1) 11 of the former Trademark Act, and there is no error in the misapprehension of legal principles as to the above provisions as otherwise alleged in the ground of appeal. Furthermore, the Supreme Court precedents cited in the ground of appeal by the plaintiff are different cases, and thus it is not appropriate to be invoked

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 Park Jae- Jae (Presiding Justice)