동작상표에 의한 상업적 안무 보호에 관한 연구

Current studies on the protection of choreography are focused on copyright protection. While its specific kind, i.e., commercial choreography consisting of simple body movements used in advertisements for goods or services, lacks creativity which leads to doubts on copyrightability, there is a higher possibility and needs for protection as a trademark since it conveys strong visual impressions on the goods or services when used in advertisements via TV, SNS, etc. in modern days. This study examined that commercial choreography can be registered as a motion mark as a source identifier, as well as considerations in establishing criteria for judging distinctiveness, mark similarity, use of a mark, etc. in examination procedures of motion mark application and in determining trademark infringement. Also reviewed are the need to actively reference the description of the mark attached to the trademark application document in both contexts of determining motion mark’s registrability and infringement. Further reviewed are improvements to be made in the motion mark registration practices including publication system and multimedia trademark application procedures. This study will contribute to expanding the utilization of motion marks, improvements of the motion mark system, and drawing attention to motion mark’s applicability of filling a gap of copyright protection in commercial choreography.