패션디자인 상품에 있어서 단일색채상표의 심미적 기능성에 관한 연구

The Trademark Law does not permit trademark registration when a trademark consisting of shape or a combination of colors or colors is essential for the function of the product. This is called the functionality principle. These functionality principle plays an important role in identifying the protection areas of trademark and patent and restricting unfair competition in the market. If the trademark is judged to be functional, the registration of the trademark is not permitted even if the distinctiveness or the secondary meaning is obtained. Therefore, judging the functionality of a trademark for a certain kind of trademark is an important criterion for the trademark registration. According to expansion of trademark protection, it became possible to register single color mark. Therefore, it is possible to register single color mark in fashion design. However, the registration of single color mark for fashion design causes problems with functionality principle. In the fashion design, the color affect the actual value of the product and are inherently aesthetically functional. It is reasonable not to allow trademark registration by functional principle because it is unfair competition to recognize monopoly of color by allowing single color trademark on the nature of fashion design.