대한민국 특허(상표)제도의 문제점(IX)

A Review Regarding Problems on Korean Trademark System(IX) -In regard to Invalidation and Cancellation-

A trademark shall be invalidated in case that it was registered against the registration requirements, while a trademark shall be cancelled if it falls under the cancellation grounds. The cancellation grounds are a generic name, abandonment, assignment without goodwill, and licensing in gross. The cancellation grounds occurs after the trademark is registered. Article 71 Section 1 Paragraphs 4 to 6 of Korean Trademark Act should be cancellation grounds rather than invalidation grounds because the grounds occurs after the trademark is registered. In particular, a trademark cannot fall under Article 6 Section 1 Paragraphs 3 to 7 after it is registered. In other words, a trademark shall not be invalidated under the ground that it falls under the one provision of Article 6 Section 1 Paragraphs 3 to 7 after it is registered. In trademark rights, cancellation means loss of rights. Article 71 Section 1 Paragraphs 4 to 6 of Korean Trademark Act were provided under the misunderstanding between invalidation and cancellation of trademarks. A generic name shall lose the rights as a trademark if a mark becomes a generic name after it was registered. Accordingly, a generic name shall be a cancellation ground like a non-use rather than an invalidation ground.