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TITLE Supreme Court Decision 2017Hu1342 Decided February 13, 2018【Invalidation of Registration (Trademark)】 [full Text]
Summary
[1] Legislative purport of Article 6(1)4 of the former Trademark Act that proscribes the registration of a trademark consisting solely of a conspicuous geographical name, the abbreviation thereof, or a map
Meaning of “conspicuous geographical name” and point of time in determining conspicuity
Method of determining whether a geographical name may be deemed as conspicuous, and whether this legal doctrine is likewise applicable to service marks (affirmative)
[2] In a case where Party A petitioned for adjudication on registration invalidation against Party B, the service mark holder of the registered service mark “ ,” on the ground that the registered service mark falls under a service mark consisting solely of a conspicuous geographical name as prescribed by Article 6(1)4 of the former Trademark Act, the case holding that: (a) there was room to regard “사리원 (Sariwon)” of the registered service mark as a conspicuous geographical name widely known to ordinary consumers as of the date when registration of the service mark in question was decided; (b) nevertheless, the lower court determined otherwise; and (c) in so doing, erred by misapprehending the legal doctrine
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