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초록

영어

As telecommunication including internet, travel abroad and international trade have increased, the exchange of trademark has been expanded. In Korea, according to 2007 statistic, 738 Korean trademarks were filed but 1516 foreign language trademarks were filed for medical machine and tools. Most of these applications are about English trademarks. The reason is that the first learning foreign language is English and the society emphasizes fluent English in Korea. A foreign language trademark can be registered as Korean trademark can if it has distinctiveness and conform to section 7requirements of Trademark Law. The distinctiveness is judged from the perspective of general consumers and interested persons. However, Korean are not familar with foreign languages other than English and then, non-English trademark can easily acquire distinctiveness. Moreover, even English trademark more easily find distinctiveness than Korean trademark. Therefore, there is a possibility that a foreign generic or descriptive word can be registered as a trademark. In the U.S., the doctrine of foreign equivalent has been applied to prevent registration and enforcement of claimed rights in foreign generic terms. In China, Chinese trademark and its transliterated trademark are non-similar trademark in general. However, if a registered trademark has its own conception or is a famous mark, the transliterated trademark is considered similar to the registered trademark. Our current examining guideline for a foreign language trademark may not reflect the change surrounding society and international circumstances. In my opinion, we need to adopt a similar theory to U.S. doctrine and a foreign language trademark must be reviewed from foreigners' view using it.

목차

I. 서론
 II. 상표보호의 원칙과 외국어상표
  1. 식별력
  2. 부등록사유
  3. 상표권의 권리범위
 Ⅳ. 외국의 외국어상표 보호 원칙
  1. 미국
  2. 일본
  3. 중국
 Ⅴ. 결론
 참고문헌
 

키워드

외국어상표 음역 스타벅스 등가 외국어 원칙 보통명칭 유사상표 foreign language trademark generic mark doctrine of foreign equivalent transliterate Starbucks similar mark

저자

• 육소영 [ Yook, So-young | 충남대학교 법학전문대학원 부교수 ]

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