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

(b) Whether chemical substances used in agriculture, art and forestry, which are the designated goods of the applied trademark, such as insects, shocking agents, sterilization agents, saccines for terminal boundary, saccines for identification, net chemical agents, chemical agents, and the designated goods of the cited trademark (affirmative)

A. The applied trademark and the cited trademark are composed of a sculpture that does not have any special concept, and their appearance is somewhat below the appearance. However, the cited trademark is referred to as "Corco", and the cited trademark is referred to as "Corcocococococococococococococococococococococococococococococococococococococococococococococococococococococococococococococococococococococococococococococococococococococococococococococococococo.

B. Chemical substances used in agriculture, art and forestry, which are the designated goods of the applied trademark, such as insects, shocking agents, sterilization agents, saccines for saccines for saccines, saccaccaccaccaccaccaccaccaccaccaccaccaccaccaccaccaccaccaccaccaccaccaccaccaccaccaccaccaccaccaccaccaccaccaccaccaccaccaccaccaccaccaccaccaccaccaccaccaccaccaccaccaccaccaccaccaccaccaccaccaccaccaccaccaccaccaccaccaccaccaccaccaccaccaccaccaccacc

Article 7 (1) 7 of the Trademark Act

A. Supreme Court Decision 85Hu76 delivered on February 11, 1986 (Gong1986,457) 90Hu1963 delivered on April 23, 1991 (Gong1991,1509) 90Hu434 delivered on May 10, 1991 (Dong)

Mekn C&D Cambodia (Law Firm Central Patent Office, Attorneys Lee Byung-ho et al., Counsel for the plaintiff-appellant)

The Commissioner of the Korean Intellectual Property Office

Korean Intellectual Property Trial Office Decision 89Na144 dated January 31, 1990

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

The trademark of this source and the cited trademark are composed of a sculpture which does not have any special concept, and their appearance is somewhat below, but the cited trademark is referred to as "scoco", and the cited trademark is referred to as "scococococococococococococococococococococococococococococococococococococococococo, and there is a little difference in the appearance of "scococococococo" and the existence of "scocococococococococococococococo", but it is similar to the word "cocococococo" as a weak, but it is similar to the word "cocococococococococococococococococococococo,"

In addition, chemical substances used in agriculture, art and forestry, which are the designated goods of the main trademark, such as insects, shocking agents, disinfection agents, saccines, saccines, chemical agents, chemical agents, and the cited trademark's designated goods of the main trademark, and chemical substances used in agricultural, art and forestry (pests, shocking agents, sterilization agents, saccines, paints, pets, animal remedy agents, soil saccines), which are the designated goods of the main trademark, cannot be easily distinguishable from their shapes or quality as ordinary consumers, even if their ingredients or usage are somewhat different, among the designated goods of the main trademark, they are manufactured in the same business entity and sold together at a general pharmacy.

Although the reasoning of the decision of the court below is somewhat insufficient, the conclusion that the trademark of the original trademark and the cited trademark are similar to those of the original trademark, and the designated goods are similar to the designated goods so that they cannot obtain the registration of the original trademark is correct, and there is no error of incomplete deliberation or misapprehension of legal principles as pointed out by the theory of lawsuit. The precedents cited by the theory of lawsuit are not appropriate in the case of this case.

For these reasons, 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 Kim Sang-won (Presiding Justice)