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| TITLE | Supreme Court Decision 2023Hu11180 Decided October 25, 2024 【Decision to Reject (Trademark)】 [full Text] |
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| Summary | |
| 【Main Issues and Holdings】 [1] Method of determining the similarity of combined trademarks consisting of a combination of two or more letters and/or figures Where a mark is among the constituents of a trademark, the method of determining the similarity of trademarks [2] Method of determining the probative value of the results of the survey on the perception of the similarity of trademarks on prospective consumers and elements to be considered by the judge [3] In a case where an examiner of the Korean Intellectual Property Office made a decision to reject the application for the trademark registration of “ ” filed by Incorporated Company A on the ground that it is either identical or similar to “ ,” which constitutes “others’ trademark previously registered,” in terms of mark and related goods and, thus, falls under Article 34(1)7 of the Trademark Act, the case holding that the above trademark applied for registration is similar to the prior registered trademark in terms of mark and has similar or identical related goods to the prior registered trademark, thereby constituting a trademark falling under Article 34(1)7 of the Trademark Act, and is ineligible for trademark registration, and that the results of the survey on the perception of the similarity of trademarks on prospective consumers submitted by Company A cannot be considered to have been designed to improve the reliability of survey results, and thus the lower judgment holding that the survey results are difficult to be adopted as evidence is tenable | |
