Earticle

초록

영어

The likelihood of confusion standard is applied to measure the infringement of trademark rights and the registrability of marks. The "related goods" test being a facet of the ultimate and final test of likelihood of confusion, is applied by the Trademark Office under Lanham Act §2( d) in passing upon the registration of marks. With the abolition of the restrictive "same descriptive properties" test of the 1905 Act, the 1946 Lanham Act gave rise to the modem "related goods" rule under which the owner of a registered mark has protection against use of his mark on any product or service which would reasonable be thought by the buying public to come from the same source, or thought to be affiliated with, connected with, or sponsored by, the owner of the registration. To determine whether goods are so related that confusion is likely, one must canvass a number of factors, no one of which is determinative per se. Among these factors are the strength of the mark, the degree of similarity of the marks, the degree of closeness of the products, the likelihood that the senior user would expand, actual confusion, the defendant's motive and good faith, the quality of defendant's product, the sophistication of the buyer class, channels of trade and price ranges.

목차

I. 序論
 II. 美國商標法上 商品類似範圍에 관한 發達過程
 III. 奉聯商品에 대한 商標保議의 論據
  1. 品寶低下의 防止
  2. 需要者의 混同防止
  3. 商樣權者의 可能한 商標市場의 保護
  4. 慢害者의 不當利得防止
 IV. 商品 奉聯性에 관한 判斷方法(RELATED GOODS TEST)
 V. 奉聯商品의 聯邦登鐵과 그 健害
 VI. 結語
 Abstract

키워드

저자

• 權瓊姬 [ 권경희 | 다래특허법률사무소 ]

참고문헌

발행기관

간행물

표지보기 관심저널 등록

• 간행물명

  산업재산권 [Journal of Industrial Property]

• 간기

  계간

• pISSN

  1598-6055

• eISSN

  2733-9483

• 수록기간

  1995~2025

• 등재여부

  KCI 등재

• 십진분류

  KDC 367 DDC 346