Whether or not the combined trademark indicating Alphababa mar and its marbags in English is a special reproduction

The marks indicated in the upper part of the trademark at the center of the original trademark / [glim 1] fall under the alphabapt 1, and the marks indicated in the lower part of the trademark at the center of the original trademark / are somewhat grocated in the English language when displaying the alphapt 1 in the same alphaet. However, it cannot be deemed that any person has made a full figure or a consistent figure (gnogram) that can be seen as an OMG, and thus, it cannot be registered without any special distinction.

Article 8 (1) of the Trademark Act

Unshurgical coarcing

The Commissioner of the Korean Intellectual Property Office

Korean Intellectual Property Office Decision No. 15 of the 1981 No. 15 of the Appeal Trial Act, 1982

The appeal is dismissed.

The costs of appeal shall be borne by a claimant.

The ground of appeal by claimant's representative is examined.

According to the reasoning of the original decision, the court below held that the mark indicated on the upper part of the original trademark is a type 37 of the trademark classification consisting of [the original trademark] of the two trademarks in 1979 (number omitted) and its designated goods, and the mark indicated on the upper part of the original trademark [the 1] falls under the spheth (24) of the alphae and falls under the spheth (24) of the alphae and falls under the lower part of the alphae and is somewhat shaped in expressing the alphae in English as the alpha (1). However, any person cannot be deemed to have written the alphaeg (OMG) and it cannot be deemed to have written the alphag (one combined word) and thus, it cannot be deemed that there is a special distinction which is the requirement for trademark registration, which is a simple trademark under Article 8 (1) 6 of the Trademark Act, and thus, it cannot be deemed to have been registered.

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

Justices Kim Young-ju (Presiding Justice)