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영어

The "use" of a trademark is expressly defined in the Trademark Act (hereinafter, "Act") under Articles 2(1)( vi) and 2(2). Furthermore, in regard to the legal effects that may result from the "use" of a trademark, the Act further stipulates the following: secondary meaning through continuous use [Article 6(2)]; prohibition of registration for a trademark identical or similar to another party's well-known trademark [Articles 7(1)(ix) and (x)]; prohibition of registration of a trademark identical or similar to another party's trademark for a period of one year from the date of expiration of such trademark [Articles 7(1)(viii) and (4)(1)]; definition of direct and indirect infringing activities of a trademark right [Article 66]; cancellation trials against trademark registrations [Articles 73(l)(ii) and (iii)], and so forth. However, in spite of these provisions, the term "use of a trademark" under the Act does not always coincide with the concept of "use" that is commonly understood in society. In addition, if we adopt to the literal definition under the Act, the aim of the Act may not be achieved in certain cases. Therefore, this thesis will examine the various ways of using a trademark in the actual commercial society, by deliberating on several provision of the Act as well as a number of local and foreign precedents pertaining to the use of a trademark As stared, the term "use of a trademark" under the Act and use in actual society do not exactly correspond to each other. Moreover, it seems that no consideration was made in the definition provisions of the Act as to who should be the party to deserve the benefits of the legal effects resulting from the "use of a trademark". For this reason, this dissertation tries to set basic structure on answering the current issues regarding the trademark system by discussing the concept of "use of a trademark". Moreover, we will look into the issue of co-using the legal term "use" and the literal meaning word "use" in a real world context.