The case where it is judged that the applied trademark constitutes a simple and ordinary mark;

The applied trademark is composed of the English letters “HD” in a rectangular form, which is composed of the English letters “HD” in a clctic body, and this is a simple and ordinary mark, since it is not capable of leading a special attention even if there is a rectangular indication in the outer part of the text, it does not have any more significance expressed “H” and “D” in a clctic body. Therefore, it is a simple and ordinary mark.

Article 6 (1) 6 of the Trademark Act

Seoul High Court Decision 200Na1488 delivered on August 2, 200

The Commissioner of the Korean Intellectual Property Office

Korean Intellectual Property Office's Appeal Trial Office 92Na2019 decided January 31, 1994

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

The grounds of appeal by applicants are examined.

The court below held that the original trademark, which was rejected on October 24, 1991, was composed of the English letters “HD” in the form of a photographic body, and this constitutes a simple and ordinary mark as a whole, since it does not have any more meaning that the English letters “H” and “D” are expressed in the body of photographic body, even if it is marked in the outer range of the text, even if it is not capable of leading a special attention. In light of the provisions of relevant Acts and subordinate statutes, the above judgment of the court below is just and acceptable, and there is no error of law by misunderstanding the legal principles as to Article 6(1)6 of the Trademark Act, such as the original decision, and there is no reason to discuss.

Therefore, the appeal by the applicant is dismissed, and all costs of appeal are assessed against the losing applicant. It is so decided as per Disposition by the assent of all participating Justices.

Justices Ahn Yong-sik (Presiding Justice)