Patent Court Decisions
Title | [Trademark] EARTH FRIENDLY PRODUCTS Trademark Case (Patent Court Decision 2018Heo1783) | ||
---|---|---|---|
Date | 2019.09.26 | Hit | 325 |
Attached File | 10 2018Heo1783 Rejection (Trademark).pdf |
[Trademark] EARTH FRIENDLY PRODUCTS Trademark Case (Patent Court Decision 2018Heo1783)
The Subject Mark, EARTH FRIENDLY PRODUCTS , is a letter mark
in which three words, “EARTH”, “FRIENDLY” and “PRODUCTS”, are
written in parallel.
“EARTH”, “FRIENDLY” and “PRODUCTS” that comprise the Subject Mark
are relatively easy words in view of the overall English level in Korea. The
Subject Mark is a letter mark in which the words stated above are combined
and it can be construed to mean an “earth (environment) friendly product,”
etc. overall. Thus, where the Subject Mark is used on the designated goods,
such as “chemical preparations for melting snow and ice, laundry detergent,
air deodorizers, paper towels, etc.,” such goods shall be perceived directly
as an “earth (environment) friendly product”, an “eco-friendly product”, etc.
Thus, the Subject Mark would make the ordinary consumers form an
instinctive view regarding quality, effect, etc. of the designated goods.
Furthermore, according to ... (omitted), the term “environment friendly
product” is widely used in products, such as “detergent”, “shampoo”, “laundry
detergent”, “plastic product,” etc., which are identical or similar to the
designated goods of the Subject Mark as a term to represent the quality or
effect of the goods. Then, the custom in the course of trade is that the
“environment friendly product” that has the above construction or concept of
the Subject Mark is widely used to represent the quality, effect, etc. of goods.
In light of the concept of the Subject Mark, relationship with the designated
goods, course of trade, etc., it would be difficult to recognize its
distinctiveness to differentiate its own goods from other goods under the social
norm, as it is a descriptive mark that directly indicates quality, effect, etc.
of the designated goods. Also, it would not be appropriate to have a specific
person monopolize the Subject Mark, as it is a mark whose use shall be open
to all persons who are engaged in the same trade. Thus, the Subject Mark
falls under Article 6(1)(iii) and 6(1)(vii) of the old Trademark Act.