TITLE	Supreme Court en banc Decision 2015Hu1454 Decided June 21, 2018 ¡¼Denial Adjudication (Trademark)¡½ [full Text]
Summary
[1] Whether trademark registration is obtainable in cases where the combination of a conspicuous geographical name and the word ¡°university¡± results in either the creation of a novel concept beyond the original conspicuous geographical name or the development of a new distinctive character (affirmative) Whether such combination alone may be deemed as undoubtedly having created a novel concept or a new distinctive character (negative) [2] Whether a lawsuit seeking the registration, nullification, revocation, etc. of a trademark falls under the jurisdiction of a court in the country where the trademark has been registered or the country where its registration has been applied (affirmative), and the governing law relating thereto (held: the law of the country where the trademark has been registered or the country where its registration has been applied) [3] In the case where Party A, who operates AMERICAN UNIVERSITY located in Washington D.C. (U.S.A.), applied for the registration of the pending service mark ¡° ¡± with ¡°university education, teaching, etc.¡± as its designated services, but the Korean Intellectual Property Office (KIPO) rendered an adjudication denying registration on the ground that it falls under Article 6(1) Subparags. 4 and 7 of the former Trademark Act, the case holding that: (a) the pending service mark in its entirety is a newly formed concept or has a newly developed distinctive character related to the aforementioned designated services, resulting from the combination of a conspicuous geographical name ¡°AMERICAN¡± and a descriptive mark ¡°UNIVERSITY¡±; and (b) accordingly, does not fall under Article 6(1) Subparags. 4 and 7 of the former Trademark Act

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