TITLE	Supreme Court en banc Decision 2010Hu2339 Decided December 20, 2012¡¼Decision of Refusal (Trademark)¡½ [full Text]
Summary
[1] Whether a mark defined as ¡°any sign, letter, figure, or the combination thereof used for the purpose of distinguishing one¡¯s product from those of others¡± under the Trademark Act may be acknowledged as a trademark (affirmative); standard for determining an applicant trademark as a position mark [2] Where a foreign corporation (¡°Plaintiff¡±) filed for registration of ¡° ¡± as a trademark with the Korean Intellectual Property Office (¡°Defendant¡±) but was denied by the patent examiner on grounds of falling under Articles 6(1)3 and 7 of the Trademark Act, the case holding that the court below erred by misapprehending the legal principle and failing to see that the applicant trademark is a position mark which distinguishes the designated product from other products by using three thick lines in specific parts of the designated product, and that the dotted lines are not shapes which form the outline of the applicant trademark

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