상표법상 상표의 정의에 관한 소고

A Note on The Trademark Definition under Trademark Law -Focused on An Investigation into The Modern Acceptation of Trademark-

Trademark is the tool that is to connect the manufacturer with consumer, as the inevitable product of capitalistic economy society. Thus, trademark is the relative concept that is to depend on the development and change of economic trade on the functionㆍrangeㆍa type of use. Also, trademark law is to contribute to the development of industry and to protect the interests of consumers by pursuing to maintain, through the protection of trademarks, the goodwill of those using trademarks. Here, the goodwill of those using trademarks and the interests of consumers are concluded in "the consumer recognition". That means legal approval that trademark is the sign for the consumer recognition and product attractiveness. By the way, the trademark under the current trademark law refers to any symbol, text, figure, three dimensional shape, color scheme, hologram, motion, or any combination thereof or any other visually recognizable thing that is used by a person who is engaged in the production, processing, certification, or the sale of goods, in order to distinguish the goods involved in his business from those of other persons. It is so insufficient that the trademark definition under the current trademark law can not reflect the above statement. Therefore, it is necessary to add the consumer recognition to the trademark definition under the trademark law as to reflect the modern acceptation of trademark and the purpose of trademark.