현저한 지리적 명칭과 대학교로 된 결합상표의 식별력 판단기준에 관한 소고

In principle, the trademark composed of a conspicuous geographical name and a word ‘university’ is considered as a mark having no distinctiveness. However, the Supreme Court recognized that ‘Kyungnam University’ and ‘Kyonggi University’ had acquired the distinctiveness by its use in the field of the service related to education. In this regard, it is interesting that the Supreme Court decided on this topic recently although this decision leaves room for doubts whether it was reasonable under our trademark law. Thus, in this report, we will review the tendance of related precedents and also try to find a appropriate way for a similar cases in near future. Whether to acquiring the distinctiveness of a trademark as mentioned above in their unique service, It will be reasonable to see that the applicable provision of the previous Trademark Act is not the article 6(1) but the article 6(2). And the distinctiveness by its use should be judged by each designated goods based on the criteria already presented by Supreme Court cases. Such limited interpretation is need to avoid a confusion on the current Trademark system. In general, the trademark composed of a conspicuous geographical name and a word ‘university’ relating to their proper service such as service of university education, service of teaching, etc. has been built their social confidence and awareness by using for long periods. So, consumers recognized this trademark as a certain university. Hence it is appropriate to judge that such trademark has acquired the distinctiveness in the field of unique services of the university. However, it seems that the court’s precedents do not show the consistency on this matter.