유럽에서의 입체상표 보호 - 식별력 및 기능성 판단을 중심으로

초록

A three-dimensional trademark refers to a trademark that consists of a three-dimensional shape itself or a combination of a three-dimensional shape with other elements such as symbols, letters, etc. To be registered as a trademark, a three-dimensional trademark is subjected to more stringent examination regarding registration requirements than various other types of trademarks. This trend is consistent across international jurisdictions, including Korea, Japan, and Europe. One of the most contentious issues in the examination of registration requirements for three-dimensional trademarks pertains to the distinctiveness of the trademark and whether it is functional in nature. In the European Union, the EU Intellectual Property Office (EUIPO) actively incorporates the legal principles established through the judgments of national courts and the European Court of Justice into its decision-making process. The EUIPO outlines specific criteria for assessing trademarks in its guidelines, thereby continuously seeking a rational approach to judgment and striving for a clearer and more consistent examination of the registration requirements for three-dimensional trademarks. The EU's efforts to strengthen the legal protection of three-dimensional trademarks and enhance predictability in the trademark registration process provide significant reference points for Korea as it endeavors to develop a more systematic and consistent legal framework for three-dimensional trademarks. The legal issues surrounding three-dimensional trademarks primarily involve the inquiry into whether a three-dimensional trademark is inherently distinctive, whether it acquires distinctiveness through use, and how to establish criteria for determining its functionality. This paper examines the trademark law system and practices related to the protection of three-dimensional trademarks, focusing on the European system, and explores how the European approach may serve as a legislative reference for improving the legal framework governing three-dimensional trademarks. By doing so, we aim to contribute to the establishment of clearer standards concerning the distinctiveness and functionality of three-dimensional trademarks and to provide guidance for the evolution of the current legal system.

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