Whether the applied trademark is similar to the cited trademark (affirmative)

A combination trademark of diagrams and letters, which is recognized by the upper part or recognized by the lower part because the upper part and the lower part are not in a relationship between the upper part and the lower part, and is recognized by the lower part, the term “household” of the trademark applied for registration falls under the ordinary name of the designated goods, and the term “tec” is recognized as indicating the characteristics of the designated goods and has no distinctive character, and thus both trademarks are a similar trademark with a name and concept, and if both trademarks are used in the same or similar manner as the designated goods, they may cause confusion as to the source of goods to ordinary consumers or traders if they use them.

Article 7 (1) of the Trademark Act

Attorney Ahn-young, Counsel for defendant-appellant

The Commissioner of the Korean Intellectual Property Office

Korean Intellectual Property Office's appeal on April 30, 1991 (hereinafter referred to as the "Korean Intellectual Property Office") Decision 90Na195 decided.

The appeal is dismissed.

The costs of appeal shall be assessed against the applicant.

As to the ground of appeal by the applicant's attorney

According to the reasoning of the original decision, the original trademark is a combination trademark of the figures and letters, which is recognized by the upper part and the lower part, and therefore, it is recognized by the upper part or the lower part. Therefore, in comparison with the above, the term "households" of the original trademark, which is the cited trademark, falls under the ordinary name of the designated goods, and thus, it shall be recognized by the text of the original trademark, and the cited trademark also is recognized as indicating the characteristics of the designated goods, since it is recognized as displaying the meaning of "industry, craft, technology, etc." as the weak of the original trademark, which is recognized as indicating the characteristics of the designated goods, and therefore, the original trademark and the cited trademark are referred to as both the original trademark and the cited trademark are similar to the designated goods, and if the two trademarks are used in the same or similar manner as the designated goods, they are likely to mislead general consumers or traders as to the origin of goods.

The above judgment of the court below is just and there is no error in the misapprehension of legal principles, such as the theory of lawsuit. We are without merit.

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

Justices Yoon Young-young (Presiding Justice) Park Young-dong Kim Jong-ho