“걸작 떡볶이” 상표의 거절결정에 대하여

• 영문명: A Case Study Regarding Trademark Appeal Board Case No. 2017WHON45, and Patent Court Case No. 2018HUR5198 on Similarity between “걸작 떡볶이” and ‘걸짝’ for Class 43
• 발행기관: 세창출판사
• 저자명: 최덕규(Dukkyu Choi)
• 간행물 정보: 『창작과 권리』2019년 가을호 (제96호), 2~23쪽, 전체 22쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2019.09.01

영문 초록

The following mark “걸작 떡볶이(stylized) & device” was rejected by the Korean Trademark Office over similarity to the following three senior trademarks: Both the present mark and the senior trademarks cover various restaurant services including snack bar services for class 43. The Appeal Board of the Trademark Office affirmed the examiner s rejection of the present mark. The Korean Patent Court also affirmed the Board s rejection of the present mark. ‘걸작’ means masterpiece, masterwork and the like, and ‘떡볶이’ means a Korean traditional snack which is prepared with white rice cake, red pepper sauce and other condiments. The snack is very popular throughout the country, especially in traditional market places. ‘걸작’ of the present mark is similarly sounded with ‘걸짝’ of the senior marks. However, as long as there exist two senior marks of ‘GiRLzzak’ and ‘GIRLZZAK’ and each letter of ‘걸짝’ has different color and style, the meaning and appearance are totally different each other. According to the two marks, ‘걸’ is a Korean transliteration of ‘girl’ and ‘짝’ means a couple. Further, what is important in this case is that the present mark cannot be used for other restaurant services except the rice cake based snack bar services. Neither the Trademark Office nor the Patent Court did discuss such issue. Both organizations determined the similarity of services based on the description of the applications. Even worse, the applicant did not restrict the services although the present mark is not proper for other restaurant services except the rice cake based snack bar services.

목차

Ⅰ. 머리말

Ⅱ. 심결문과 판결문

Ⅲ. 평석

Ⅳ. 결어

Abstract

키워드

유사여부 분리관찰 기술표장 사용에 의한 식별력 similarity analysis or dissect descriptive mark distinctiveness by using(secondary meaning)