상품의 입체적 형상만으로 된 상표의 등록 요건 ―일본판례와의 비교법적 고찰을 중심으로―

This article relates to requirements for trademark registration as to the mark consists solely of three-dimensional shape of the goods. Since revision of the Korean Trademark Act on August 22, 1997, three- dimensional shape that is used on goods related to the business of a person who conducts business activities, such as producing, processing, certifying or selling such goods, to distinguish them from the goods of others is defined as a trademark. Therefore, the mark consisting solely of three-dimensional shape of the goods can be registered as a trademark as long as it satisfies the requirements for trademark registration. However, in practice, it is nearly impossible to receive a trademark registration as to the mark consists solely of three- dimensional shape of the good, even before the application for registration consumers are easily able to recognize the person whose goods are indicated by the three-dimensional shape. That kind of situation is against the purpose of Trademark Act which is to ensure the maintenance of the business reputation of persons using trademarks by protecting trademarks so as to contribute to the development of industry and to protect the interests of consumers. This article suggest resonable interpretation of trademark registration requirements for three-dimensional trademark corresponding to the purpose of Trademark Act.