소리·냄새 상표의 국내 도입 후 운영 현황에 관한 연구

Abstract

This study investigated the operation of the non-visual intellectual trademark, the sound and smell trademark system introduced in the Trademark Law from March 15, 2012, as a follow-up measure to implement the Korea-US FTA Agreement. The registration rate of the sound trademark was 35% of the total number of applications, which was considerably lower than that of the typical trademark. The smell trademark was found to have no registered to date. In the point that the sound and smell trademarks have to go through a different application procedure comparing to the conventional trademark, the application of the sound and smell trademarks is found that the rate of the ineffective and withdrawal applications is considerably higher than that of the conventional trademark. The reasons for rejection of the trademark for the sound and smell trademarks were based under Article 33(1)7 and (2). It was confirmed that the reason for rejection is the lack of distinctiveness of the trademark. Domestic conglomerates and foreign corporations, which are the main rights holders of the current sound trademark, were able to be registered after proving the distinctiveness by use. There is a realistic constraint that it is difficult for a small or medium-sized company or individual to use a sound or smell brand for a short period of time to establish a basis for their distinctiveness based on their use, because the distinctiveness by use is directly related to the marketing scale.