한ㆍ미 FTA 이행을 위한 미국의 증명표장제도 검토

Review on the American Certification Mark System As an Implementation of KORUS FTA

Recently KORUS FTA including the Clause that "Each Party shall provide that trademarks shall include certification mark" has been concluded at the end. This article is to review on the American certification mark system as an implementation action of KORUS FTA. This article firstly studies a certification mark in general by comparing it with a trademark, service mark or collective mark. It performs a distinctly different function from that of a trademark, service mark or collective mark. It is not used by the owner nor is it used to identify and distinguish the goods or services of any one party. Rather, it is used only on the goods and services of others and serves as a guarantee that those goods and services meet the standards set by the certification mark owner. Further, this article is to address issues concerning the requirements for the registration of certification marks and the responsibilities of the certification mark owner. Under the American certification mark system, a certification mark owner is required to adhere to strict standards of enforcement and control. Improper use of the mark or failure to adequately control the use of the mark can lead to the cancellation of the registration. For the protection of geographical indication as a certification mark, there are some exceptions in registration requirements thereof. In order to introduce it into Korean trademark law system properly, the above issues are discussed or examined and proposed a desirable directions for the revision of the Korean trademark law.