상표 유사성 판단의 비대칭성

The ‘similarity’ of trademarks is a key concept in the trademark law acting in various aspects such as determining trademark registrability and scope of protection. While legal principles have developed in a manner to objectifying and systemizing similarity judgment of trademarks, still there is a room for further development. Since similarity judgment evaluates psychological behaviors occurring in human mind, the critical clues may lie in scientific study of psychology. This article introduces finding of modern psychology regarding asymmetries of the similarity judgment, and studies its application in the trademark practice. The practical aspects of asymmetry in the similarity judgment of trademarks are suggested: context of judgment, differences in similarity scopes caused by trademarks’ attractiveness, impressions of a composit mark’s respective parts, and asymmetric influence of relevant products incurred to similarity judgment of trademarks. Possible arguments against the concept of asymmetric similarity are critically reviewed, and the usefulness of such concept in the present and future practice is studied. Interdisciplinary studies are required in order to find and materialize relevant principles. It is expected to achieve final goal of objectification of legal principles for the similarity judgment of trademarks in a progressive manner through vibrant research to follow.