All
| TITLE | [Rejection Decision]Patent Court Decision 2008Heo14230 Decided June 26, 2009 [full Text] |
|---|---|
| Summary | |
| [1] The test for determining whether a trademark has ""a special distinction"" under Article 6 (1) 7 of the Trademark Act [2] Where a certain emblem appears to be without a special distinction among consumers or traders, when objectively seen, in its concept or the relation to the designated goods without considering its use, if the applicant's using the emblem leads to the result that a consumer or trader came to recognize predominantly whose business the emblem of the goods signifies, whether it constitutes ""a trademark without a special distinction"" under Article 6 (1) 7 of the Trademark Act (negative) and the relevant point of time in deciding whether it is predominantly recognized under the foregoing circumstance (= at the time of registration decision or rejection decision) [3] The case holding that the applied trademark ""Just Do It "" cannot be seen as acquiring a ""recognizable nature through use"" pursuant to Article 6 (2) of the Trademark Act and thus, it constitutes ""other trademark without recognizable nature"" under Paragraph (1) 7 of the same Article | |
