「우리은행」 사건의 법률적 고찰

• 영문명: Legal Aspects on Invalidation of Registered Service Mark of "우리은행(OUR BANK)"
• 발행기관: 세창출판사
• 저자명: 최덕규(Duk-kyu Choi)
• 간행물 정보: 『창작과 권리』2007년 겨울호 (제49호), 2~21쪽, 전체 19쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2007.12.01

영문 초록

"우리은행" is a registered mark as a service mark for services of bank and various financing services. The mark means "OUR BANK". As "OUR BANK" is descriptive, the term "우리은행" is also descriptive. Of course, the term should not have been registered as a service mark. However, the term was registered because the term is with a device which should be distinctive. In Korea, we do not have the disclaimer system. Although the term is descriptive, it is not clear whether the trademark owner can claim for the term or not. This invalidation action was brought by the petitioner, other banks except the OUR BANK, because the petitioner concerns about the term only, but never the device. since we do not adopt the disclaimer system, we cannot solve this petition. Also, the use of the registered mark has nothing to do with the registration. In other words, even though the registered mark is invalidated through the invalidation action, the term can be used as a bank name. What will be a next action for the petitioner to take?

목차

Ⅰ. 서언

Ⅱ. 특허심판원 심결의 평석

Ⅲ. 특허법원 판결의 평석

Ⅳ. 결론

참고문헌

Abstract

키워드

'우리은행' 기술표장 권리불청구제도 단순기술표장 사칭기술표장 식별력 사용에 의한 식별력 'OUR BANK ' descriptive mark disclaimer simply descriptive mark deceptively misdescriptive mark distinctiveness secondary meaning