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학술저널

“GLIATAMIN” 상표의 무효에 대하여

[특허심판원 2016.11.10. 심결 2015당5584, 특허법원 2017.8.18. 선고 2016허9196 등록무효(상), 대법원 2018.7.24. 선고 2017후2208 등록무효(상)]

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The Korean Trademark Office decided that a later registered mark “GLIATAMIN” is not similar to a prior registered mark “GLIATILIN”, both of which are registered for the identical or similar products for class 05. The reason that the Trademark Office stated is that “GLIA” is a descriptive term in connection with the products. The Patent Court reversed the Trademark Office decision. However, the Korean Supreme Court reversed again the Patent Court decision. The reason that the Supreme Court stated is that “GLIA” is a descriptive term in connection with the products, and that ‘TAMIN’ and ‘TILIN’ except “GLIA” are not similar in their sound and appearance. The Supreme Court decision is totally against the concrete principle that the marks cannot be dissected or analyzed in determining similarity and the similarity should be determined as a whole in terms of overall impression of marks.

Ⅰ. 머리말

Ⅱ. 특허심판원의 심결

Ⅲ. 특허법원의 판결

Ⅳ. 대법원의 판결

Ⅴ. 결 어

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