가상상품에 대한 상표법적 고찰 - 상표 출원 및 심사를 중심으로 -

Abstract

In the past, virtual worlds existed only in games. However, with the advancement of science and technology, anyone can experience virtual worlds. In this respect, the purpose of virtual worlds is no longer limited to games. As a result, the need for new goods, that is, virtual goods, has emerged. Moreover, unlike the previous virtual world, the current virtual world is not indivisible from the real world. Thus, the demand for goods that are difficult to have in reality has increased. For these reasons, trademark applications covering virtual goods by famous brands such as “Gucci”, “Nike”, etc. increased. The emergence of ‘virtual goods’ raises the following legal issues of: (i) whether the use of trademark in virtual worlds constitutes the use of trademark, which is an act of indicating the source under the Trademark Act; (ii) whether the ‘virtual goods’ may be considered as the ‘goods’ under the Trademark Act; and (iii) whether virtual goods and real goods are similar. Moreover, additional studies are required on the scope of recognizable names of goods even if the ‘virtual goods’ may be considered as the ‘goods’ under the Trademark Act as the prerequisite for ‘the use of trademark.’ In this regard, not only domestic and international trends, but also guidelines for virtual goods were analyzed in this study. Furthermore, based on these, issues including recognizable names of virtual goods, trademark applications related to virtual goods were also studied in terms of trademark law.