상표법상 설문조사의 증명력에 관한 연구 - 미국과 국내의 소비자 설문조사를 비교하여 -

In domestic trademark litigation, the number of cases in which consumer surveys have been submitted as evidence has increased since the 1990s, but there have been many cases in which they are not accepted in trials. This is because the design and implementation method of the survey has not been established, and if you are not a party, it is difficult to find information on the design and implementation method of the survey submitted as evidence in the judgment. Accordingly, i examines the design and implementation method of surveys in the United States, which have long used consumer surveys in trademark litigation, and the requirements for adoption as evidence, and makes it possible to refer to the design and implementation of surveys to be used as evidence in domestic trademark litigation. After that, in the recent Supreme Court decision 2023Hu11180, six elements were presented for judges to examine whether the design and implementation of the survey was carried out in accordance with objective procedures and standards, Based on this factor, we analyzed cases in which surveys have been adopted or not adopted as evidence in domestic trademark litigation so far. After that, compared with the trademark investigation guidelines presented by the Patent Tribunal based on the judgment of individual elements analyzed, i'd like to propose a more specific way to refer to the design and implementation of surveys to be used as evidence in trademark litigation and judgment.