The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

The grounds of appeal are examined.

1. Whether the instant registered trademark is a non-distinctive trademark (Ground of final appeal No. 1) (Article 6(1) of the former Trademark Act (wholly amended by Act No. 14033, Feb. 29, 2016; hereinafter the same) provides for “a trademark, other than those referred to in subparagraphs 1 through 6, for which consumers cannot identify whose business it indicates goods,” as one of the cases where trademark cannot be registered.

Article 33(1)7 of the Trademark Act provides that a trademark that does not fall under any of subparagraphs 1 through 6 of the same Article shall not be registered, even if it does not fall under any of subparagraphs 1 through 6 of the same Article.

Whether a trademark has no distinctive character shall be objectively determined taking into account the concept of the trademark, the relationship with the designated goods, the circumstances of the trade society, etc., and where it is difficult to recognize distinctiveness of the goods of another person under social norms, or where it is deemed inappropriate to allow a specific person to monopoly the trademark for public interest, such trademark has no distinctive character.

(2) As to the registered trademark of this case (see, e.g., Supreme Court Decisions 2008Hu4721, Jul. 29, 2010; 2012Hu2951, Dec. 27, 2012). The lower court determined that the registered trademark of this case does not fall under Article 6(1)7 of the former Trademark Act, since the text portion of the registered trademark of this case (hereinafter referred to as the “registered trademark”) is de facto recognizable as having indicated raw materials, etc. as to the designated goods.

For this reason, it is difficult to view the twitter, Montreal, altered bed, and the overall tool thereof as an expression method commonly used in relation to the designated goods. In light of the relationship with the designated goods and the circumstances of the transaction society, products from category products.