기술적 단어와 영문자 1자로 일체결합된 표장의 분리인식 및 식별력 유무에 대한 고찰(대법원 2011. 2. 24. 선고 2010후3264 판결)

A study on separate recognition of mark comprised of a descriptive word and single English letter and according to the distinctiveness(Supreme Court Decision 2010Hu3264 Decided on Feb. 24, 2011)

The tendency is increasing steadily that tries to register a trademark by applying with a combination of more than two non-distinctive marks to deliver the good image about the quality of goods. Among them where the mark is comprised of single English letter and another word which merely describes the quality of the goods, we are confronted with some problems, when deciding whether it creates another new distinctiveness as a whole or it is still a non-distinctive mark even through a combination of these elements. Accordingly, as examining the intent of this decision, we hope it is used in examination and decision hereafter. Where it is decided that the emblem is perceived intuitively as the quality of the mark, it can be a problem in deciding whether it, in a common way, comes under a descriptive word indicating the quality of the goods or not. Accordingly, we will examine whether we needs application of this decision or not. Also we will verify whether it is a decisive part of the non-distinctiveness when dismissing a claim in defensive confirmation trial for the scope of a trademark right and whether it needs to decide the similarity to this trademark, and whether a contention between contradictions by the holder of the registration is valid.