【Holding】
[1] Meaning of "where a specific quality, reputation, or other characteristic of goods is essentially attributable to a specific region" under Article 2(1)3-2 of the former Trademark Act, and matters to be considered in determining whether the "reputation" of goods attributable to a specific region is recognized
[2] In a case concerning whether a geographical indication collective mark designating "seasoned roasted laver" as its goods constitutes a "geographical indication" under Article 2(1)3-2 of the former Trademark Act, the Court held that the mark conforms to the definition of a "geographical indication," since the reputation of Gwangcheon-eup as a place of production of seasoned roasted laver appears to be essentially attributable to human factors among the geographical environment of Gwangcheon-eup
【Summary of Decision】
[1] Article 2(1)3-2 of the former Trademark Act (before being wholly amended by Act No. 14033, Feb. 29, 2016; hereinafter the same) provides that "The term 'geographical indication' means an indication showing that goods were produced, manufactured, or processed in a specific region, where a specific quality, reputation, or other characteristic of the goods is essentially attributable to that region," and Article 6 of the same Act, while providing in paragraph (1) that trademarks that cannot be registered include "trademarks consisting solely of a mark indicating, in a common way, the place of origin, quality, raw materials, efficacy, use, quantity, shape (including the shape of packaging), price, production method, processing method, method of use, or time of the goods" (subparagraph 3) and "trademarks consisting solely of a conspicuous geographical name, its abbreviation, or a map" (subparagraph 4), provides in paragraph (3) that "Even if a mark falls under paragraph (1)3 (limited to the place of origin) or 4, where the mark is a geographical indication for specific goods, a geographical indication collective mark may be registered designating the goods using that geographical indication."
The legislative purpose of these provisions on "geographical indications" and "geographical indication collective marks" is to promote the maintenance of the business reputation of holders of geographical indication collective mark rights and their member organizations and to protect traders and consumers of goods using geographical indications, by allowing trademarks corresponding to a place of origin, a conspicuous geographical name, etc., which previously could not be registered for lack of distinctiveness as a trademark, to be registered where an application is filed as a geographical indication collective mark.
"Where a specific quality, reputation, or other characteristic of goods is essentially attributable to a specific region" under Article 2(1)3-2 of the former Trademark Act means a case where at least one of the specific quality, reputation, or other characteristic of the goods has a substantial connection with the geographical environment, including natural environmental factors such as the climate, soil, and topography of the specific region and human factors such as traditional production methods. In determining whether the "reputation" of goods attributable to a specific region is recognized, the history and tradition of the goods in that region, the traditional succession of production methods, unique characteristics distinguishing them from goods of the same kind from other regions, consumer perception and recognition, price differences from similar goods, evaluations by credible third parties, etc. should be comprehensively considered.
[2] In a case concerning whether a geographical indication collective mark designating "seasoned roasted laver" as its goods constitutes a "geographical indication" under Article 2(1)3-2 of the former Trademark Act (before being wholly amended by Act No. 14033, Feb. 29, 2016), the Court upheld as justified the lower court's judgment that the mark conforms to the definition of a "geographical indication," on the ground that, at the time of registration of the mark, Gwangcheon-eup had a reputation as a place of production of seasoned roasted laver, which was essentially attributable to human factors among the geographical environment of Gwangcheon-eup, such as activities promoting seasoned laver as a local specialty, including festivals held by Gwangcheon-eup merchants on the basis of its traditional reputation as a place for the distribution and sale of traditional laver, and activities of Hongseong-gun, a local government, supporting the development of the seasoned laver industry.
【Referenced Statutes】
[1] Article 2(1)3-2 (see current Article 2(1)4) and 3-4 (see current Article 2(1)6), and Article 6(1)3 (see current Article 33(1)3), 4 (see current Article 33(1)4), and (3) (see current Article 33(3)) of the former Trademark Act (before being wholly amended by Act No. 14033, Feb. 29, 2016) [2] Article 2(1)3-2 (see current Article 2(1)4) and 3-4 (see current Article 2(1)6), and Article 6(1)3 (see current Article 33(1)3), 4 (see current Article 33(1)4), and (3) (see current Article 33(3)) of the former Trademark Act (before being wholly amended by Act No. 14033, Feb. 29, 2016)
(Source: Supreme Court Decision 2023Hu10736, August 12, 2026 | Judicial Information Disclosure Portal, Precedents)
2026. 10. 14. · By Attorney Dongwoo Shin
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