Main Issues
Whether the trademark "OOMRE TES" is a technical mark using cosmetics as designated goods.
Summary of Judgment
In light of the concept of "NOETRS" in this part of the trademark "NORE TES," and the concept of "no more snow is available" related to cosmetics, such as "flavoring, enjoying, general flowerss, beer, beer, and combination flags", the designated goods are marks indicating in a common way the characteristics (efficien and quality) of the designated goods.
[Reference Provisions]
Article 6 (1) 3 of the Trademark Act
Applicant-Appellant
Josonnson’s Patent Attorney Park Jae-young, Counsel for the defendant-appellant-appellant
Other Party-Appellee
The Commissioner of the Korean Intellectual Property Office
Judgment of the court below
Korean Intellectual Property Office Decision 92Na1221 Dated February 28, 1994
Text
The appeal is dismissed. The costs of appeal are assessed against the applicant.
Reasons
The grounds of appeal are examined.
According to the records of this case, since the concept of "no more snow exists," the trademark "fluor" is interpreted as "no more snow," it is related to cosmetics, such as "fluor, enjoying, generalized fluor, fluor, and union fluor," which are the designated goods, it is reasonable in the judgment of the court below that the trademark of this case has maintained the original condition that refuses the application for the trademark of this case under Article 6 (1) 3 of the Trademark Act, because it is highly probable that the designated goods are manufactured so as not to see snow or see snow if they enter the snow, and it is not appropriate as a precedent because it is different from the case of this case. The grounds for appeal cannot be accepted.
Therefore, the appeal is dismissed, and the costs of appeal are assessed against the appellant. It is so decided as per Disposition by the assent of all participating Justices on the bench.
Justices Park Jong-chul (Presiding Justice)