TITLE Supreme Court Decision 2011Hu958 decided December 13, 2012 [Registration Refusal (Trademark)] REGISTRATION 2017.04.21 13:03
WRITER dancheon inquiry 1149
[1] The legislative purpose of Article 6 (1)-4 of the Trademark Act; and in a case where a conspicuous geographical name etc. is combined with a descriptive mark etc., whether the circumstance itself excludes the case from being subject to the aforementioned provision (negative in principle); and the meaning of the term "conspicuous geographical name" mentioned in the aforementioned provision [2] In a case where foreign corporation Gap applied for trademark registration for " ," but was refused by the Korean Intellectual Property Office on grounds that the applied trademark constitutes Article 6 (1)-4 of the Trademark Act; the aforementioned applied trademark was indeed deemed to constitute the aforementioned provision since it may be recognized as "GEORGIA," a conspicuous geographical name