스마트폰 컨텐츠의 상표등록요건에 대한 고찰

• 영문명: A Consideration of Trademark Registration Condition of Smart Phone Contents -Focusing on the Trademark Case of Appstore-
• 발행기관: 충북대학교 법학연구소
• 저자명: 최우령(Choi, Woo-Ryoung)
• 간행물 정보: 『과학기술과 법』제4권 제1호, 95~116쪽, 전체 21쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2013.06.30

영문 초록

After the propagation of internet, smart phone is spreaded to people. The appearance of social changes brought by it caused the changes which couldn't be imagined in former days. With the changes, economic, social and legal issues of smart phone are increased. In relation to smart phone, there are also conflicts related to the eligibility of trademark registration of application, such as decision of trademark registration refusal, including the judgement of American and European courts, for the registration of AppStore trademark, suggested by Apple in addition to the conflicts related to patent, design and copyright. In the issue related to the eligibility of trademark of Apple's AppStore, Apple's insist was not accepted because there was no eligibility of trademark registration for the Apple's insist to request to registrate trademark. Now, the registration of'App Store' trademark is refused because the trademark is domestically descriptive marks. And, in America, Europe, etc, there is a conflict of trademark right because it's the common name. Generally, discrimination is necessary to be registrated as trademark and common name or descriptive mark is considered not to have discrimination. When many people generally talked about where they download App, users of iPhone think it as'App Store' and users of smart phone based on Android system think it as'play store'. And then, it can be considered to show discrimination by using, so even descriptive mark can be recognized as trademark. So, there is a possibility that the result can be changed.

목차

Ⅰ. 서론

Ⅱ. 스마트 기술의 의의와 영향

Ⅲ. 스마트폰 앱스토어의 상표권 분쟁의 개요

Ⅳ. 상표법 상 상표등록의 요건

Ⅴ. 보통명칭과 기술적 표장의 상표등록적격성에 대한 검토

Ⅵ. 결론

참고문헌

키워드

앱스토어 상표 스마트폰 애플리케이션 Appstore trademark smart phone application