상표권 등록Kim & Chang Law Firm represented a trademark owner and won a case defending the invalidity of trademark registration for the “GOUTAL” and “GOUTAL PARIS” trademarks (hereinafter “the registered trademarks in this case”).
The applicant for invalidity trial argued that the registered trademarks in this case have grounds for invalidity under Article 34 (1) 7 of the Trademark Act and Article 34 (1) 12 of the Trademark Act in relation to the pre-registered trademarks “Goodal”, “goodal”, and “Goodal”. and filed a trademark registration invalidation trial.
Our office explains in detail the background of the application for the registered trademark in this case, saying that the registered trademarks in this case are a global perfume brand created by French perfumer Annick Goutal after himself and a registered trademark applied for in 1991, “ANNICK GOUTAL”, with the last name ( It was claimed that this is a trademark for which the part corresponding to the name has been additionally applied for and registered, and that it continues to be used as a sign representing the above brand. In addition, it is emphasized that it is an industry practice and trend for a brand named after the founder to use only the part corresponding to the last name as a trademark during its development process, while both trademarks are used in the actual trading world to prevent consumers from misidentifying or confusing the source of the product. It was pointed out that there was no specific concern about misunderstanding or confusion, as there was no single case.
The Patent Court accepted all of our office’s arguments, and the Supreme Court also upheld the Patent Court’s judgment and ruled to dismiss the other party’s appeal.
In this case, the high brand value and actual title of the “GOUTAL” and “GOUTAL PARIS” trademarks were confirmed by the Patent Court and the Supreme Court, so in the future, the rights of brands using foreign titles, such as the name of the founder, will be more actively promoted in the cosmetics industry. It is expected that it will be protected. In this way, Kim & Chang Law Firm achieves the best results by combining an in-depth approach to our clients’ industries and expertise in legal interpretation.
Related issues
#invalid judgment
#Foreign language trademark
#cosmetics
#IP
#Intellectual Property Litigation
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Advertising attorney: Hwang Gwang-yeon
