상표법상 증명표장의 보호와 사용범위 (Protection of Certification Marks and Definition for Use under the Trademark Law)

서지정보

· 발행기관 : 한국경영법률학회
· 수록지 정보 : 경영법률 / 23권 / 3호 / 373 ~ 406페이지
· 저자명 : 심미랑

초록

A certification mark is not used by the owner nor is it used to identify and distinguish the goods or services of any one party. Rather, it is used only on the goods and services of others and serves as a guarantee that those goods and services meet the standards set by the certification mark owner. A certification mark has been regulated by US　Federal Trademark law(Lanham Act) since it had been enacted. In order to reflect the Korea-US FTA, a certification mark system was introduced in Korean Trademark law through Revision Act 2011.
A certification mark is an unusual breed of mark which has been described as a "special creature" of trademark law. It performs a distinctly different function from that of a trademark, service mark or collective mark. The several special provisions which reflect the characteristics of certification marks were introduced in the Korean Trademark law. Furthermore, it is necessary to make up additional specific regulations to reflect the characteristics of the certification mark In many cases, because a certification mark is comprised of descriptive and generic marks without distinctiveness, the concrete standards for distinctiveness judgment should be complemented by cases. Also, the concept of a certification mark use to certify the quality of the product apart from a trademark use concept as an indication of source should be defined. Furthermore, to distinguish injunctions and damages for the infringements, if certification marks are used for goods as certification subjects without the permission of certification mark owner's, significant measures that can be taken by the owner of a certification mark should be regulated accurately.

영어초록

A certification mark is not used by the owner nor is it used to identify and distinguish the goods or services of any one party. Rather, it is used only on the goods and services of others and serves as a guarantee that those goods and services meet the standards set by the certification mark owner. A certification mark has been regulated by US　Federal Trademark law(Lanham Act) since it had been enacted. In order to reflect the Korea-US FTA, a certification mark system was introduced in Korean Trademark law through Revision Act 2011.
A certification mark is an unusual breed of mark which has been described as a "special creature" of trademark law. It performs a distinctly different function from that of a trademark, service mark or collective mark. The several special provisions which reflect the characteristics of certification marks were introduced in the Korean Trademark law. Furthermore, it is necessary to make up additional specific regulations to reflect the characteristics of the certification mark In many cases, because a certification mark is comprised of descriptive and generic marks without distinctiveness, the concrete standards for distinctiveness judgment should be complemented by cases. Also, the concept of a certification mark use to certify the quality of the product apart from a trademark use concept as an indication of source should be defined. Furthermore, to distinguish injunctions and damages for the infringements, if certification marks are used for goods as certification subjects without the permission of certification mark owner's, significant measures that can be taken by the owner of a certification mark should be regulated accurately.

참고자료

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