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| TITLE | [Invalid Registration]Patent Court Decision 2009Heo6311 Decided Dec. 11, 2009 [full Text] |
|---|---|
| Summary | |
| [1] Standards and time for determining ""a well-known trademark"" under Article 7 (1) 10 of the Trademark Act (=as of the time of applying for registration) and the scope of its recognition [2] Whether the registration and use of a trademark should be prohibited in case where the trademark is similar to the registered well-known trademark, but it is used in goods that do not have a competitive or economic relationship with the designated goods of the well-known trademark (negative) [3] Requirements to constitute ""a trademark used for unjust purposes"" under Article 7 (1) 12 of the former Trademark Act and its determination time (= at the time of applying for the registration of a trademark). Whether the frequency of the use of a trademark (or trade name) or transaction volume, etc. must be specified as a basis for determining ""whether goods or services are well-known."" (negative) [4] Standards for determining ""a trademark consisting solely of a mark expressing an origin, quality, effect, usage, etc. of commercial goods in the ordinarily used methods"" under Article 6 (1) 3 of the Trademark Act [5] The case holding that the registered trademark "" 워크맨 "" does not constitute cases under Articles 6 (1) 3 or 7 (1) 10 of the Trademark Act or Article 7 (1) 12 of the former Trademark Act in relation to the pre-use trademark 1 "" WALKMAN "" and the pre-use trademark 2 ""워크맨 "" | |
