상표 사용의사 없는 출원의 방지 및 사용주의 요소의 강화 (Prevention of Application without using a Trademark and Reinforcement the Usage System of Trademark)

서지정보

· 발행기관 : 한국지식재산학회
· 수록지 정보 : 산업재산권 / 31호 / 109 ~ 147페이지
· 저자명 : 김병일

초록

The purpose of the Trademark Act(TMA) is to maintain the business reputation of persons using trademarks by protecting the latter, and thereby contribute to the development of industry and protect the interests of consumers(Sec. 1 TMA). The TMA establishes a fundamental system of protection based on "registration" and not "use".
Thus a trademark can be registered if a trademark applicant has no intention of using the trademark in trade. The most obvious situation of lack of intent to use occurs where a person applies to register a trademark with the intent either of preventing a competitor registering the trademark or selling (or 'trafficking in') the registered trademark.
This study mainly reviewed the trademark system for the purpose of searching problems of 'No Intention to use the trademark and finding the ways to make up for the current system.
First, regarding the matter of trademark law revision, one possible way to settle this problem is to regulate 'trafficking in trademark through the interpretation of the current trademark law provision.
The other possible method is to make revision the trademark law. The merits of reinforcing 'usage system' are securing the legal stability and enhanced objectivity.

영어초록

The purpose of the Trademark Act(TMA) is to maintain the business reputation of persons using trademarks by protecting the latter, and thereby contribute to the development of industry and protect the interests of consumers(Sec. 1 TMA). The TMA establishes a fundamental system of protection based on "registration" and not "use".
Thus a trademark can be registered if a trademark applicant has no intention of using the trademark in trade. The most obvious situation of lack of intent to use occurs where a person applies to register a trademark with the intent either of preventing a competitor registering the trademark or selling (or 'trafficking in') the registered trademark.
This study mainly reviewed the trademark system for the purpose of searching problems of 'No Intention to use the trademark and finding the ways to make up for the current system.
First, regarding the matter of trademark law revision, one possible way to settle this problem is to regulate 'trafficking in trademark through the interpretation of the current trademark law provision.
The other possible method is to make revision the trademark law. The merits of reinforcing 'usage system' are securing the legal stability and enhanced objectivity.

참고자료

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