유럽에서의 슬로건 상표 등록여부

• 영문명: Registrability of Slogan Mark In Europe
• 발행기관: 세창출판사
• 저자명: 최덕규(Dukkyu Choi)
• 간행물 정보: 『창작과 권리』2019년 가을호 (제96호), 30~35쪽, 전체 6쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2019.09.01

영문 초록

The fact that a trademark registration of a slogan is difficult to distinguish is due to the descriptive nature of advertising messages. The judgments of recent years show that trademark protection is difficult, but possible. However, “Quality has a future” (judgment of December 11, 2012) has failed as a trademark registration, as have “Inspired by efficiency” (judgment of June 6, 2013) and “we make the special simple” (judgment of July 12, 2012). Deutsche Bank also failed in its attempt to protect “Passion to Perform” as a Union trademark (judgment of March 25, 2014). Although this slogan was already protected as a national trademark in several EU countries, the CJEU rejected the trademark registration. The existence of identical or similar registrations at the national level was not a reason for registering trademarks without distinctive character, the CJEU ruled at that time. However, the German car manufacturer Audi was able to protect its slogan “Leading edge through technology” (in German: “Vorsprung durch Technik”) as a Union trademark (ruling January 21, 2010) . In this case, the European Court of Justice (CJEU) overturned the EUIPO s previous rejection of the trademark in its ruling. This is because the factual statement that resonates in the slogan does not clearly emerge from the slogan, but rather requires a certain amount of interpretation from the public. Moreover, this slogan has a certain originality and conciseness which make it easily memorable. Finally, since the slogan is famous and has been used by Audi for many years, it cannot be ruled out that it will also make it easier for the public to identify the commercial origin of the goods or services designated.

목차

Ⅰ. 사건의 개요

Ⅱ. 유럽재판소(CJEU)의 판결

Ⅲ. 결어

Abstract

키워드

슬로건 상표 기술표장(성질표시표장) 상당한 정도의 해석 slogan mark descriptive mark certain amount of interpretation