비전형상표의 “상표로서의 사용”의 개념에 대한 법적 고찰

Elements of the "use" of a trademark is a prerequisite for a purpose to be made through the actions trademarks are identified to others. However, in Korea, we are taking the trademark not the "Use Doctrine System" but the "Registration Doctrine System" on the premise that the use of force as a requirement of registration and protection of trademarks. So, trademarks could registration and creation regardless of the use. Accordingly, the concept of “Use of Trademark” is not concentrated less than the other countries. So, in Korea, the concept of “use of trademark” is likely to be judgment that it is of course assumed that the provided when the registration of trademarks, as well as also in trademark infringement dispute. The types of trademarks is more diversed because of changing in technology and marketing. So, the trademarks law accepted many type of the non traditional marks. Based on these changes, the concept of “Use of Trademark” also is not judged only the before concept. Considering "use as a trademark", the judgment should focus on the era of technology, culture, living standards, etc. In this study, I want to examine the concept of “use of trademark" criteria for the type of trademark. Primarily this study will defined and comparative analysis with the regulation about the concept of “use of trademark” in Korea, Japan, Germany, and United State. After that this study want to make some criterions about the concept of “use of trademark” in non-traditional trademarks and service mark.