[특별기고] 대한민국 특허(상표)제도의 문제점(Ⅶ)

A Review Regarding Problems on Korean Trademark System (Ⅶ) -In regard to Similarity of Mark-

Similarity of a mark shall be carried out when a mark is examined for registration or when an infringement of a mark is proceeded. In most cases, similarity of a mark includes similarity of the goods or services. Similarity of a mark is determined based on three methods, pronunciation, appearance and connotation. If similarity in one such aspect is not full decisive of likelihood of confusion, the issue may be determined by considering the other aspects and their cumulative effect. Dissection or analysis of a mark is not recommended in principle when determining similarity or distinctiveness. Interpretation or translation of a mark is not always welcomed especially when determining distinctiveness. When similarity issue arises during prosecution, an agreement of coexistence from the senior mark owner would be preferably adopted for confirming non-similarity.