TITLE Supreme Court Decision 2011Hu1982 Decided Nov. 15, 2012 [Invalidity of Registration (Trademark)] REGISTRATION 2017.05.08 14:01
WRITER dancheon inquiry 2405
  • [1] Where the already acquired distinguishability of a registered trademark is not extinguished, whether the registered trademark as a whole maintains distinguishability, if it is a combination of part which already acquired distinguishability from a long-term use and other parts(affirmative), and whether the above legal principle applies also to the case of a service mark (affirmative) [2] Where Gap University and Industry Cooperation foundation filed a registration invalidation trial against Eul Educational Institute, Inc., the registration right holder of registered service mark " ," on the ground that the registered service mark constitutes Article 6(1)4 and 7 of the Trademark Act, the case holding the judgment below erred by misapprehending the legal principle since the registered service mark cannot be seen as indistinguishable from others