TITLE	Supreme Court Decision 2011Hu835 Decided March 28, 2013 ¡¼Invalidation (Trademark)¡½ [full Text]
Summary
[1] In a case where a pre-existing trademark having a part that had weak to non-existent initial distinctiveness at the time of its registration but has since gained evident recognition among consumers as identifying to whose business the marked products are related, whether that portion may be viewed as a distinctive feature regarding products using the pre-existing trademark, and thus be used to determine trademark similarity (affirmative), and whether the same legal principle applies to service marks (affirmative) [2] In a case where foreign corporation Gap requested an invalidation trial against Eul corporation¡¯s registered trademark ¡° ¡± on grounds that it violated Article 7(1) subparag. 11 of the Trademark Act, etc., the case holding that the judgment below, which found that the registered trademark does not constitute ¡®a trademark liable to mislead or deceive consumers,¡¯ was erroneous for failing to make all the necessary findings or for misapprehending legal principles

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