Trademark basically means "distinction between goods." According as a company has used a trademark for a long time, its trademark can be perceived to the public. For example, Coca-Cola or Kodak was not well known to customers and the values of the tra...
Trademark basically means "distinction between goods." According as a company has used a trademark for a long time, its trademark can be perceived to the public. For example, Coca-Cola or Kodak was not well known to customers and the values of the trademarks must have been low at the beginning, and these companies tried to produce good articles and advertise for their products. Due to these efforts, Coca-Cola or Kodak's mark has very high reputation these days. Therefore, the value of trademarks is, especially in a state selecting registration principle, a function of distinguishing his own products from another products. If the trademark right restricts a competition with goods for superiority in a market, it is wrong and must be corrected.
Sound system of the trademark law is firstly to extend the range of trademark selection for the public so that competition of a specific product improves and fair deal is achieved, and secondly to guarantee fair transactions based on credit of a trademark owner to contribution to the economic development of Korea. Consequently, the interpretation of the trademark law should be considered with the purpose and function of the trademark law.
In the case of applying the trademark law article 6. (1) subparagraph 3, the abovementioned facts are considered, too. That is, the selection range of trademark should not be restricted by excessive application of the range of descriptive marks that deformation of descriptive marks or uncommon forms are not allowed to register. Also, competitive power of specific commodities should not be restricted in a market by granting the trademark right on the judgment of general consumers. The abovementioned two goals of the trademark law should be considered purposively with objective standards.
The standards totally depends on examiners in the beginning of a state selecting registration principle such as Korea. The system requires preconditions that examiners should understand technology trends and market conditions, and comprehend trials and judgments about registration of descriptive marks.
Moreover, in the judgement of distinction of foreign marks, for example, in US, foreign words which have a same meaning with English is regarded as descriptive marks, and transformed words in uncommon use and combined foreign words may be considered to be distinguished. Therefore, if a competition is not exceedingly restricted by the trademark, we need to revise the related articles to grant the trademark right even in the trademark describing the quality of products.
In the examination on symbols of a kind of book, in USPTO, the detail classification of books by the trademark law enforcement regulation is performed to filter preliminary the symbols that are difficult to distinguish each other. Accordingly, we should consider whether detail classification of books according to the trademark law enforcement regulation, or mention of their usage and field on a specification in trademark application.
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