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학술저널

“해표 순창 궁 宮” 상표의 무효에 대하여

[특허심판원 2018.5.30. 심결 2016당3745]

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The Korean Trademark Office (Board of Appeal) decided that the later registered mark (“junior mark”) is similar to the prior registered mark (“senior mark”), both of which are registered for the identical or similar products for class 30. Thus, the junior mark was invalidated. The Trademark Office analyzed that, although both marks are not similar each other in their appearance, they are similar in their sound and meaning. The junior mark consists of “해표”, “순창”, “궁” and “宮”, which means “SUN TRADEMARK”, “SUNCHANG: geographical name”, “GUNG: palace” and “GUNG: Chinese character”, respectively. The senior mark consists of “순창”, “궁전” and “전통식품”, which means “SUNCHANG: geographical name”, “GUNGJEON: palace” and “traditional food”, respectively. The Trademark Office dissects the marks, and adopts “순창궁” as dominating part of the junior mark and “순창궁전” as dominating part of the senior mark. Accordingly, the Trademark Office concludes that both marks are similar in their sound and meaning. I am of the opinion that the Office decision is 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, and the principle that a descriptive element of a mark is not necessarily negligible in the overall impression produced by it, because “해표 & device” should not be dissected from the junior mark and “전통식품(traditional food)” should not be dissected from the senior mark.

Ⅰ. 머리말

Ⅱ. 특허심판원 심결문

Ⅲ. 심결의 문제점

Ⅳ. 기타의 문제점

Ⅴ. 결 어

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