증명표장 제도의 효율적 도입을 위한 영국의 증명표장 제도 검토

As the recently concluded Korea-US Free Traded Agreement (FTA) had mandated certification mark to be included in each parties' trademark regime, the Korean Trademark Act will be revised to incorporate such mark into its existing trademark law. For effective adoption of certification mark into the Korean trade mark regime, we have conducted a study on several countries that already operate certification mark system within their trademark law system. Among those counties, the United Kingdom (UK) has been the forerunner that had operated certification mark within the trademark regime from the early 1900's and solidified the certification mark provisions in the Trade Mark Act (TMA) of 1994. The provisions in the 1994 TMA, as well as Schedule 2, and the Trade Mark Registry Work Manual provide invaluable guidance as we are in the process of revising the Korean Trademark Act to include certification mark into the existing trademark law regime. As certification mark performs a function that is different from trademark, service mark, and collective mark, it is accompanied with unique features, such as non-use by the owner of the mark, open door policy for any users whose products or services qualify, and responsibilities of certification mark owners as certifiers. Aside from memorializing such distinguishing features of certification mark, Schedule 2 and the Trade Mark Registry Work Manual also provides detailed examination, as well as exat examination procedures and requirements. Some notable requirements are submission of regulation (or specification) and the contents that need to be included in such regulation, time limits, and procedures for amendments. For effective and proper introduction of certification mark into the Korean trademark law system, the U.K. system provides helpful and insightful guidance.