상표 ‘카페공작소’는 기술표장이 아니다

A Case Study Regarding PTO Case No. 2018WUON3299 for Rejection of “카페공작소 (stylized)”

Applicant filed a trademark application for “카페공작소 (stylized)” for Class 43 for cafe, coffee shops, etc. “카페” means “cafe” and “공작소” means “a workshop, a working place for manufacturing something with mechanical tools”. The PTO Examiner rejected the mark from registration since the mark is descriptive as well as non-distinctive. The Applicant filed an appeal with the Trademark Appeal Board. The Board cancelled the Examiner’s rejection. “공작소” is not a word which can be necessarily used for describing cafe, coffee shops etc. The subject mark is at least a suggestive mark or an arbitrary mark in connection with the designated services of “cafe: coffee shops etc”.