상표법상 상표 등록주의의 개선방안

• 영문명: A Study on the Improvement of the Korean Trademark with the Registration System and the Use System
• 발행기관: 충북대학교 법학연구소
• 저자명: 이종구(Lee, jong koo*)
• 간행물 정보: 『과학기술과 법』제6권 제1호, 193~236쪽, 전체 44쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2015.06.30

영문 초록

Living in development of the Internet era and the industrial society, consumer, it is difficult to choose from the various manufacturers of products. Is similar to bulk consumers choose products flooding in the process of economic over supply of goods under the brand today homogeneous production, increasing the importance and value. A trademark is cognizable mark, such as a sign, a letter, a figure, etc. used by a person who produces, processes or sells goods for business purposes in order to distinguish goods related to his/her business from those of another person. To ensure a good trademark in the consumer’s choice, management has become an important part of business management. The trademark is in honor of his products, such as symbols, letters, shapes used to identify the product with others. Trademarks are human economic activity has blossomed in the process, the desired origin history and general trade. This study refers to ‘the Registration system’ and ‘the Use system’in trademark Act and suggests a means for improving the Korean Trademark Protection System with a focus on a reasonable Trademark law improvement plan. First, the improvement plan applies to the trademark application stage. The Korean Trademark Act is based on the Registration System which grants the registration of a trademark regardless of its use. Although, Article 3 of the Korean Trademark Act stipulates that only the person who uses or intends to use a trademark in the Korean may been titled to have his/her trademark registered. This article is fundamentally incompatible with the Registration system or the first-to-file system adopted by the Korean Trademark Act. Moreover, it is realistically impractical because confirming one’s internal intent-to-use at the trademark application stage is nearly impossible. Therefore, Article 3 of the Korean Trademark Act should be abolished or maintained perfunctorily on the condition of the nominal stipulation being excluded from the grounds for rejection in Article 23 and from the grounds for invalidation in Article 71. Second, when two or more trademark registration applications are filed on the same day with respect to the same or similar goods, the first-to-use applicant should be entitled to obtain the trademark registration. The existing Article 8 of the Korean Trademark Act provides that the applicant determined by agreement among the applicants shall be granted registration. Third, the improvement plan also applies to the maintenance and management stage of trademark rights. The existing Article 73 of the Korean Trademark Act provides that only an interested party may request a trial for revoking or law improvement plan an unused registered trademark. Unused trademarks should be smoothly eliminated for the public interest as well as for competitor interest. Therefore, any person or interested party may request a trial for revoking or law improvement plan a registered unused trademark unused for three or more consecutive years, as in major EU countries and some countries . Lastly, since unused trademarks deserve little legal protection, this paper supports the curtailment of legal rights for unused trademark holders.

목차

Ⅰ. 서언

Ⅱ. 상표법상 상표의 개념과 연혁

Ⅲ. 상표법상 등록주의와 사용주의

Ⅳ. 상표법상 상표 등록주의의 개선방안

Ⅴ. 결어

키워드

상표 상표법 개선방안 등록주의 사용주의 선출원주의 선사용주의 불사용상표권자 Trademark the improvement plan of Trademark Act trademark law system the Registration system the Use system first-to-file system first-to-use system unused trademarks