저명상표의 보호 확대 방안에 관한 고찰

A Study on Expanding the Protection of Well-Known Trademarks

Until recently Korea did not provide for an effective protection for well-known trademarks. In recent years, however, number of efforts have made to rectify the situation. In Korea protection of well-known trademarks is primarily granted on the basis of the Trademark Act(TMA) and the Unfair Competition Prevention Act(UCPA). In both the European Union and the United States, if a registered trademark is well-known or if its distinctiveness or reputation is damaged, that trademark is protected while the relevant acts are deemed to constitute a trademark infringement, beyond the scope of the registered goods or services. Well-Known trademarks are considered deserving of protection even absent a likelihood of confusion among consumers, and when similar marks are used on dissimilar goods or services. Including the expansion of the prohibitive effects of trademark rights, this study examines how to establish a desirable trademark protection system in Korea. Furthermore, this study reviews dilution protection in its current form in the USA and the European Union. It attempts to find the theoretical framework that ties dilution protection to contemporary trademark law theory and uses this larger lens to assess its scope and limits.