[특별기고] 대한민국 특허(상표)제도의 문제점(Ⅵ)

A Review Regarding Problems on Korean Trademark System (Ⅵ) -In regard to Descriptive Mark-

It is very important to decide whether a mark is descriptive or suggestive or coined because it determines registrability of the mark. In this perspective, Korean Trademark Law, Manual of Trademark Examination, and the Decisions by Korean Patent Court and Korean Supreme Court are not sufficient to implement a right trademark system in South Korea. In order to do so, a right understanding on the descriptive mark as well as suggestive, coined, arbitrary, and generic should precede. If so, we shall understand that Article 7 Section 11 of Trademark Law is an misappropriate provision and the further provisions thereon in the Manual of Trademark Examination. In case of a composite mark including descriptive term(s) as a particular portion or portions, disclaimer shall be adopted to disclaim the term(s). Disclaimer will play an important role in trademark prosecution on registrability as well as in trademark infringement cases.