상표법 제6조 제1항 제7호의 적용범위

Application of Article 6 Paragraph 1 Item 7 of Trademark Act

This paper is to review Patent Court Decision 2004 Heo3317 delivered on December 24, 2004 concerning the application of Article 6 Paragraph 1 Item 7 and the relationship with Article 6 Paragraph 2 of Trademark Act. Even though a trademark is seemed not to have distinctiveness considering objectively the concept itself or the relationship with the designated services, without considering the situation of use, in case where the trademark is remarkably recognized among consumers or traders, as a result the applier has broadly used the mark before the application, to denote the services related with someone's business, the trademark does not fall under Article 6 Paragraph 1 Item 7, and thus could be registered notwith- standing Paragraph 2 does not refer to Paragraph 1 Item 7 of Article 6 of Trademark Act.