비시각적 비전형상표의 시각적표현에 관한 연구- 소리 및 냄새상표를 중심으로 -

Abstract

As a result of FTA between Korea and America, the sound/smell marks introducedin Korean trademark system are the non-visual non-typical marks and differ from thevisual typical marks in terms of application procedures. The general trademark isvisually perceived as a trademark sample itself, but the sound and smell are notvisually perceptible, resulting in differences in the submission requirements for thetypical trademark application. In order to apply for registration of a sound/smelltrademark, not only a description of the trademark, but also a visual expressionshould be submitted. A visual expression is a visualized representation of anon-visual trademark in the form of a text. It is stipulated that non-visual non-typicaltrademarks such as sound/smell marks can be examined only when the visualexpression of the marks must be accurately described. On the other hand, in the caseof the United States, which introduced the sound/smell marks to Korea in thenegotiation process of the FTA, no visual expression is required in the examinationprocess. Therefore, in this study, we examined the reason why visual expression is requiredfor non-visual non-typical trademark application, and examined the regulation aboutvisual expression together with examination cases. In addition, the same sound/smelltrademark in relation to visual expression was studied regarding the obligation andoptional requirements to be submitted for the examination to Korea and the USrespectively. Through this study, the appropriateness of visual expression required inKorean trademark was reviewed.