'기타 식별력 없는 상표’에 대한 기준 및 개선방안에 대한 검토

This paper examines the reasons why a trademark application may be refused registration, focusing in particular on Article 33(1)(vii) of the Trademark Act. Although Article 33(1)(vii) uses the phrase ‘trademarks other than those falling under subparagraphs (i) to (vi)’ with regard to the requirements for trademark registration, it has nonetheless been invoked alongside grounds under subparagraphs (iii), (iv), and (vi) to reject applications or in legal disputes. However, according to a textual interpretation, Article 33(1)(vii) is only applicable to trademarks other than those falling under subparagraphs (i) to (vi). Thus, this paper recommends using the simplified form, “other non-distinctive trademarks.” It is necessary to provide a more detailed interpretation and clarification of the legal nature of subparagraph (vii), as it is important to protect the legal rights of applicants and to ensure clarity for third parties who may not be related to the mark. Accordingly, this paper proposes simplifying the wording of subparagraph (vii) and establishing more concrete criteria for its application.