인터넷환경에서의 상표사용을 중심으로 본 입법 예고된 상표법의 상표 사용 정의의 평가

In spite that a lot of commercial transaction is carried out on the internet, there is no definition of ‘use’ of trademark and service on the internet, which makes lots of problems. In addition, Korean Trademark Act do not have no definition of ‘use’ of service mark and apply the definition of trademark use. Recently, electronic commerce is boomed and there is an infringement by using domain name, Meta tag, keyword advertisement, and pop-up advertisement. Because there is a confusion on the concept of trademark use and service mark use, it is difficult to decide whether such an infringement of trademark or service mark is not suitably handled. To solve the problems, Korean government gives an advanced notice of revision of Trade Mark Act. In the prior-announced revision of Korean Trade Mark Act, there is new definition of trademark use. According to the definition of trade mark use, if there is an function of advertisement or indication of source by using a keyword of an trade mark in a domain name, it will be regarded as an use of the trade mark. As the same way, if there is an function of advertisement or indiction of source by using a keyword of an trade mark in Meta tag, keyword advertisement and pop-up advertisement, such an use will be regarded as the use of the trade mark. With the new definition of trademark use, it is more concrete to distinguish trademark use on the internet. Also the trade mark owner’s right will be more strengthened by using trade mark law to meet infringements, which are related to using the keyword of an trade mark as an domain name, meta tag, keyword advertisement and pop-up advertisement on the internet environment.