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TITLE 【Syllabus of Latest Opinion】Supreme Court en banc Decision 2015Hu1454 Decided June 21, 2018【Denial Adjudication (Trademark)】* First draft [full Text]
Summary
[1] Whether trademark registration is obtainable in cases where the combination of a conspicuous geographical name and the word “university” results in either the creation of a new concept beyond the original conspicuous geographical name or the development of a new distinctive character (affirmative)
Whether such combination alone may be deemed as undoubtedly having created a new concept or a distinctive character (negative)
[2] Whether a lawsuit seeking the registration, nullification, revocation, etc. of a trademark falls under the jurisdiction of a court in the country where the trademark has been registered or the country where its registration has been applied (affirmative), and the governing law relating thereto (held: the law of the country where the trademark has been registered or the country where its registration has been applied)
[3] In the case where Party A, who runs AMERICAN UNIVERSITY that is located in Washington D.C. (U.S.A.), applied for the registration of the pending service mark “ ” with “university education, teaching, etc.” as its designated services, but the Korean Intellectual Property Office (KIPO) rendered an adjudication denying registration on the ground that it falls under Article 6(1) Subparags. 4 and 7 of the former Trademark Act, the case holding that: (a) the pending service mark in entirety is a newly formed concept or has a newly developed distinctive character related to the aforementioned designated services, resulting from the combination of a conspicuous geographical name “AMERICAN” and a descriptive mark “UNIVERSITY”; and (b) accordingly, does not constitute Article 6(1) Subparags. 4 and 7 of the former Trademark Act
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