구 상표법상 서비스표등록의 취소 심결의 확정과 권리범위 확인의 이익

A Final and Conclusive Trial Decision on Cancellation of Registration of Service Mark in the Former Trademark Act and Benefit of Confirmation of Scope of Right - Focusing on Analyzing Supreme Court Decision 2012Hu3466 Decided October 6, 2014 -

The issue of Supreme Court Decision 2012Hu3466 (hereinafter referred to as the subject decision ) is a relation between a final and conclusive trial decision on cancellation of registration of service mark in the former Trademark Act and benefit of confirmation of scope of right. Supreme Court decision 93Hu1117 decided that a lawsuit on trial for confirmation of scope of right has benefit of confirmation in case of extinguishment of trademark right based on cancellation of registration but the subject decision decided that the above lawsuit should be concluded by rejection of lawsuit since such lawsuit doesn t have benefit of confirmation in case of the above according to most Supreme Court decisions. I think that Supreme Court decision 93Hu1117 is not reasonable because of having confused the case on this issue with a case on claim of compensation for damages and the subject decision is reasonable. In conclusion, it is reasonable to understand that Supreme Court is following a legal principle of the subject decision now.