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TITLE 【Syllabus of Latest Opinion】Supreme Court Decision 2018Hu10848 Decided August 14, 2019 【Confirmation of the Scope of Rights (Trademark)】 [full Text]
Summary
[1] Standard of determining the similarity of the registered trademark and the challenged mark in a trial to confirm the scope of rights of the trademark rights, and matters to be considered where it is recognized that the mark was used in connection with the product in question
[2] Where there exists an essential part in the trademark, method of determining the similarity of trademarks, and method of determining whether there is no or little distinctiveness that serves as an essential part in some of the elements of the composite trademark
[3] In the case where Party A, the user of the challenged mark “ ,” which is in connection with human soaps as the goods for which it is registered, filed a petition for a defensive trial to confirm the scope of rights against Party B, the right holder of the trademark “ ,” arguing that the challenged mark was not identical or similar with the registered mark, thereby not falling within the scope of rights of the registered trademark, a case holding that, although the essential part of the registered trademark, ‘ ’ and the part in the challenged mark ‘ ’ did not have similarity not only in terms of their appearances but also their names, the lower court determined otherwise, and in determining so, the lower court erred by misapprehending the relevant legal principle
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