품질오인 표장 또는 수요자 기만 표장에 관한 고찰 상표법 제34조 제1항 제12호의 문제점 “한국멋글씨연구원” 표장의 심사 사례를 중심으로

A Study Regarding Quality Confusing Mark and Consumer Deceiving Mark under Korean Trademark Law Article 34, Section 1, Paragraph 12 ―A Case Study of Registrability of “한국멋글씨연구원”, which means “INSTITUTE OF KOREAN STYLISH LETTERS” or “KOREAN STYLISH LETTERS INSTITUTE”, under Korean Trademark Law Article 34, Section 1, Paragraph 12―

A trademark application for a mark “한국멋글씨연구원” in class 41 was filed with the Korean Trademark Office by an individual, natural person. The Office rejects the application as it is descriptive in connection the designated services such as education services relating to calligraphy etc., and lack of distinctive. Further, the Office rejects the application as it is a quality confusing mark and a consumer deceiving mark under Korean Trademark Law Article 34, Section 1, Paragraph 12. After the application was rejected, the applicant filed a second application for “ ”. However, the second application was also rejected as it is a quality confusing mark and a consumer deceiving mark under Korean Trademark Law Article 34, Section 1, Paragraph 12. The quality confusing mark provided at Korean Trademark Law Article 34, Section 1, Paragraph 12 is not clear. A trademark system has been adopted to identify the origin of source of goods or services. A mark is a means for identifying a source of goods or services from others, but not a means for identifying the quality of goods or services. Further, the consumer deceiving mark provided at Korean Trademark Law Article 34, Section 1, Paragraph 12 is not also clear. A consumer deceiving mark shall be rejected by the deceptively misdescriptive mark under Korean Trademark Law Article 33, Section 1, Paragraph 3. Korean Trademark Law Article 34, Section 1, Paragraph 12 which provides both a quality confusing mark and a consumer deceiving mark shall be removed or restricted to specific cases in which Korean Trademark Law Article 33, Section 1 cannot be applied.