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TITLE	Supreme Court Decision 2008Hu4721 Decided July 29, 2010 [Nullity of Registration (Trademark)] [full Text]
Summary
[1] The court below erred in its apprehension of legal principles when determining that the registered trademark "" [본문참조] "" was unregistrable under Article 9 (1) 1 of the former Trademark Act, when in fact shoulder emblems worn by Korea Naval Academy cadets,"" [본문참조] "", signify rank and grade and collectively fall under the scope of badges of the Republic of Korea and are not similar in appearance to the above-registered trademark [2] The meaning of ""a trademark which does not enable consumers to distinguish one's goods from the goods of another person"" as defined in Article 8 (1) of the former Trademark Act, and the standard for determining whether a trademark lacks distinctiveness [3] The court below erred in its apprehension of legal principles under Article 8 (1) 7 of the former Trademark Act when determining the registered trademark "" [본문참조] "" does not enable consumers to distinguish associated goods from the goods of another person

TITLE

Supreme Court Decision 2008Hu4721 Decided July 29, 2010 [Nullity of Registration (Trademark)] [full Text]

Summary

[1] The court below erred in its apprehension of legal principles when determining that the registered trademark "" [본문참조] "" was unregistrable under Article 9 (1) 1 of the former Trademark Act, when in fact shoulder emblems worn by Korea Naval Academy cadets,"" [본문참조] "", signify rank and grade and collectively fall under the scope of badges of the Republic of Korea and are not similar in appearance to the above-registered trademark [2] The meaning of ""a trademark which does not enable consumers to distinguish one's goods from the goods of another person"" as defined in Article 8 (1) of the former Trademark Act, and the standard for determining whether a trademark lacks distinctiveness [3] The court below erred in its apprehension of legal principles under Article 8 (1) 7 of the former Trademark Act when determining the registered trademark "" [본문참조] "" does not enable consumers to distinguish associated goods from the goods of another person

Prev	Supreme Court Decision 2009Da56283 Decided July 29, 2010 [Promised Money]
Next	Supreme Court Decision 2007Du18406 Decided July 29, 2010[Revocation of Removal from Position contained in Retrial Decision on Relief from Unfair Dismissal]

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