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TITLE Supreme Court Decision 2008Hu4721 Decided July 29, 2010 [Nullity of Registration (Trademark)] REGISTRATION 2017.04.26 10:44
WRITER dancheon inquiry 507
[1] The court below erred in its apprehension of legal principles when determining that the registered trademark " [본문참조] " was unregistrable under Article 9 (1) 1 of the former Trademark Act, when in fact shoulder emblems worn by Korea Naval Academy cadets," [본문참조] ", signify rank and grade and collectively fall under the scope of badges of the Republic of Korea and are not similar in appearance to the above-registered trademark [2] The meaning of "a trademark which does not enable consumers to distinguish one's goods from the goods of another person" as defined in Article 8 (1) of the former Trademark Act, and the standard for determining whether a trademark lacks distinctiveness [3] The court below erred in its apprehension of legal principles under Article 8 (1) 7 of the former Trademark Act when determining the registered trademark " [본문참조] " does not enable consumers to distinguish associated goods from the goods of another person