Supreme Court of Korea

“ Because one's trade name expresses one's identity, so long as a trade name is used in connection with a product only to the extent required to indicate one's business in customary ways, the effect of registration of an identical or similar trademark does not reach such trade name. On the other hand, if a name, title, or trade name is used in such a way as to conclude that it was used solely in order to distinguish one's own goods from someone else's goods, legal rights of another person's registered trademark take effect on such mark. ”

“ Using a mark that is composed of a conspicuous style, font or design which draws public attention may not be an indication of a trade name used in an ordinary way. However, whether a specific mark is indicated in usually used ways should be determined by a comprehensive review of all factors of the mark's mode of use, such as the mark's place, arrangement, size, relationship to other phrases, or use in combination with a figure. ”

“ This principle equally applies to a service mark. Considering the following facts that the registered service mark (pronounced Okryugwan) and Mark (Ga) (pronounced Pyungyang Okryugwan) are similar; the designated business of the registered service mark is similar to North Korean Rangmyun Restaurant business where Mark (Ga) is used; the font of Mark (Ga) is not unique so as to attract the public attention, but the word (주) 평양 and the word 옥류관 is displayed in different sizes so as to make the word 옥류관 stand out ”