대한민국 특허(상표)제도의 문제점(X)

A Review Regarding Problems on Korean Trademark System(X) -In regard to Similarity of Goods and Indefinite Description-

The similarity of goods and indefinite description of goods should be reconsidered under the Korean trademark examination system. The similarity of goods should not be determined by the similarity group code which has been classified by the Korean Trademark Office. Instead, the similarity should be determined by the likelihood of confusion as to the origin of goods considering the characteristics and marketing environmentals of goods. A Coexistence Agreement shall be positively accepted for registration of a junior mark. In particular, when the coexistence agreement is made based on dissimilarity of goods, definitely it should be accepted. If the Trademark Office or Court does not accept such coexistence agreement, that will be an abuse of their rights. The indefiniteness of goods is not determined by relying on the NICE Classification. The indefiniteness should be determined by whether or not the description is clear to general consumers, or whether or not the scope of business of goods or services is clear in a possible infringement action. The description should not be deemed as indefinite on the ground that the items are not listed in the NICE Classification.