상표권자의 상표 사용으로 인정될 수 있는 범위에 관한 고찰

Use of the Trademark by Business Partner

A trademark is any word, name, symbol or device(or any combination thereof) that identifies and distinguishes the source of the goods of one party from those of others. Trademarks and service marks are important and valuable assets for both businesses and consumers. A distinctive mark allows a business to build public goodwill and brand reputation in the goods or services it sells. Marks also help consumers identify the source of goods and services and make informed choices based on their experiences. Trademark Act permits applicants to rely on use of the mark by business partner. A business partner is different from a successor in interest who is in privity with the predecessor in interest for purposes of determining the right to register. Either a natural person or a juristic person may be a business partner. The essence of business partner use is the control exercised over the nature and quality of the goods or services on or in connection with which the mark is used. Reliance on business partner use requires, inter alia, that the related company use the mark in connection with the same goods or services recited in the application.