주지상표의 보호 -상표법과 부정경쟁방지법의 조화를 위한 제언-
Conflicts between Well-Known Marks and Registered Marks

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서울대학교 법학연구소
법학, Vol.43 No4 pp.129-170
널리 알려진 상표부정경쟁방지법등록상표와 주지상표 사이의 충돌상표법
Like in the U.S., well-known marks are protected in Korea too. While
Lanham Act includes all the relevant statutory provisions relating to
well-known marks and registered marks, statutory provisions in Korea to
protect well-known marks are found both in the “Trademark Act” and in the
“Unfair Competition Prevention and Trade Secret Protection Act.” Section 7 of
the Trademark Act of Korea provides that registration is not issued to
trademarks which are identical, or similar to, another person's well-known
trademark. Although trademark rights (or statutory remedies) under the
Trademark Act are granted only to those who have their own trademarks
registered, the owners of well-known marks are allowed to prevent others
from applying for registration of marks which are identical or similar to their
well-known marks. On the other hand, “Unfair Competition Prevention and
Trade Secret Protection Act” grants remedies to all the owners of well-known
marks whether they are registered or not.
Since well-known marks are well protected under the “Unfair Competition
Prevention and Trade Secret Protection Act,” their owners are not forced to
apply for registration of their marks. The conflicts between well-known marks
and registered marks begin, however, when anybody other than the owner of
well-known marks tries and applies for registration of the same or similar
marks. In the first step, well-known marks' owners are allowed to oppose the
registration to the Korea Industrial Property Office (“KIPO”) which is in
charge of trademark registration. Secondly, well-known marks' owners are
entitled to petition an invalidation trial at the Patent Tribunal. The question,...
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College of Law/Law School (법과대학/대학원)The Law Research Institute (법학연구소) 법학법학 Volume 43, Number 1/4 (2002)
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