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Supreme Court rules against Samsung C&T’s trademark application

By Korea Herald

Published : July 14, 2016 - 14:07

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[THE INVESTOR] The Supreme Court has ruled against Samsung C&T (formerly Cheil Industries) saying that its trademark for a fashion brand lacks originality, as it is similar to that of Switzerland’s Bally.

On July 14, the court reversed the ruling from the original suit filed by Samsung C&T to cancel Korean Intellectual Property Office’s decision not to register its trademark: a black pentagon shaped like a house with a roof in which two different-sized arches on their sides are placed vertically.

Bally's trademark(left) and Samsung's one Bally's trademark(left) and Samsung's one


 
KIPO turned down Samsung C&T’s 2012 application to register the trademark the following year, saying that it was similar to that of Bally registered since 2003. When Korean Intellectual Property Tribunal agreed and determined that they were similar in 2015, Samsung C&T filed a suit at the Patent Court of Korea.

The patent court had ruled in favor of the Korean company saying that “its trademark applicant suggests a roofed house while the registered logo is recognized as alphabet B.”

By Hwang You-mee (glamazon@heraldcorp.com)

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