TITLE	Supreme Court Decision 2015Hu1690 Decided February 9, 2017¡¼Invalidation of Registration (Trademark)¡½ [full Text]
Summary
[1] Method of determining the similarity of combined trademarks consisting of two or more letters or figures [2] In cases where a trademark contains an essential part, whether the similarity of trademarks may be determined by comparing only their essential parts, without having to examine whether the said part is separately observable (affirmative), and the method of determining whether a component of a trademark is an essential part Whether such a legal doctrine likewise applies to service marks (affirmative) [3] In the case where Service Mark Holder A of the first-to-file service marks ¡°(Jaseng),¡± ¡° (Jaseng Clinic of Korean Medicine),¡± ¡° (Jaseng Hospital of Korean Medicine),¡± etc. brought a claim for registration invalidation adjudication against Service Mark Holder B of the registered service mark ¡°(Jaseng-cho),¡± of which the designated services are ¡°Oriental medical services, cosmetic surgeries,¡± etc., on the ground that the registered service mark falls under the grounds for invalidation of registration under Article 7(1)11-12 of the former Trademark Act, the case holding that the lower court erred by misapprehending the legal doctrine on the similarity of service marks, thereby failing to exhaust all necessary deliberations, in determining otherwise when in fact the first-to-file service marks and the registered service mark constitute similar service marks as they share identical names and conceptions as revealed by the comparison of their essential part, ¡°Jaseng¡±

Prev	Supreme Court Decision 2014Da230535 Decided February 15, 2017¡¼Damages (Etc.)¡½
Next	Supreme Court Decision 2015Da59146 Decided January 25, 2017 ¡¼Severance Pay, etc.¡½