대법원 판례상의 도형의 결합상표의 유사성 인정 방향에 관한 연구

Recently, there has been an increase in brand naming that incorporates figures to create a strong visual impression. In this context, it has become important to examine the criteria for determining similarity in trademarks that combine figures. This paper analyzes the Supreme Court decisions where similarity was recognized in trademarks combining figures, examining what characteristics were considered when determining similarity and how broadly similarity was recognized in decisions related to trademarks combining figures. Summarizing the criteria of the Supreme Court decisions related to the issues determining similarity of figures, these points can be confirmed. : ① Trademarks can be considered similar if the dominant impression given by their appearance is similar. ② Minor Differences in the details of the shapes of some figures or the presence or absence of letters, etc are difficult to leave an specific impression on general consumers or traders after an arm’s length observation when determining similarity. ③ Differences between achromatic and chromatic colors are not considered as a part of the dominant impression given by appearance in determining similarity of figure trademarks. Thus, we can confirm that the Supreme Court apply a somewhat broad interpretation when determining the similarity of figure trademarks. For trademarks combining figures and letters or multiple figures, the general principles of the separately viewed observation and the observation of essential parts in trademark examination should be considered. However, in determining similarity for such composite trademarks, It is difficult to form a new concept that is difficult to see separately by combining letters and figures which are components in an inseparable manner. Considering that, it is likely that in most cases each figure and letter will be separated and act as essential parts. Therefore, when determining the similarity of each figure and letter, particularly when the figure becomes the essential part for comparison, following the principle in the Supreme Court decisions would involve emphasizing appearance over letters and considering detailed differences and color variations less important, as long as the figure's distinctiveness is not weak. Namely, it is important not to overlook the strong confusion of appearances caused by an arm’s length observation of figures in cases of trademarks combining letters and figures. However, it should also be noted that if a figure has a specific sound or concept, those can be considered at the same time when determining similarity.