“GLIATAMIN” 상표의 무효에 대하여

A Case Study Regarding Trademark Appeal Board Case No. 2015DANG5584, Patent Court Case No. 2016HUR9196, and the Supreme Court Case No. 2017HU2208 on Similarity between “GLIATILIN” and “GLIATAMIN” for Products for Class 05

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.