상품의 입체적 형상만으로 된 상표의 등록 요건

• 영문명: Requirements for Trademark Registration as to the mark consists solely of three-dimensional shape of the goods -Focusing on comparative study with judicial precedents in Japan-
• 발행기관: 세창출판사
• 저자명: 신혜은(Shin, Hye Eun)
• 간행물 정보: 『창작과 권리』2011년 가을호 (제64호), 68~105쪽, 전체 37쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2011.09.01

영문 초록

This article relates to requirements for trademark registration as to the mark consists solely of three-dimensional shape of the goods. Since revision of the Korean Trademark Act on August 22, 1997, threedimensional shape that is used on goods related to the business of a person who conducts business activities, such as producing, processing, certifying or selling such goods, to distinguish them from the goods of others is defined as a trademark. Therefore, the mark consisting solely of three-dimensional shape of the goods can be registered as a trademark as long as it satisfies the requirements for trademark registration. However, in practice, it is nearly impossible to receive a trademark registration as to the mark consists solely of threedimensional shape of the good, even before the application for registration consumers are easily able to recognize the person whose goods are indicated by the three-dimensional shape. That kind of situation is against the purpose of Trademark Act which is to ensure the maintenance of the business reputation of persons using trademarks by protecting trademarks so as to contribute to the development of industry and to protect the interests of consumers. This article suggest resonable interpretation of trademark registration requirements for three-dimensional trademark corresponding to the purpose of Trademark Act.

목차

Ⅰ. 들어가며

Ⅱ. 상표등록요건으로서의 식별력

Ⅲ. 입체상표의 식별력

Ⅳ. 상품의 입체적 형상만으로 된 상표의 등록요건

Ⅴ. 마치며

참고문헌

Abstract

키워드

상표등록요건 기술적 표장 특별현저성 기능성 원리 입체적 형상 Requirements for trademark registration Descriptive mark Distinctiveness Functionality doctrine Three-dimensional shape