가. 상표법 및 상표심사기준 개정, 니스 제10판(2012. 1. 1)에 대응할 수 있도록「유사상품․서비스업 심사기준」개정 등으로 서비스표 심사환경이 크게 변화되었으며
나. 주요 개정 내용으로는 지리적표시 보호제도, 소리․냄새, 증명표장제도, 법정손해보상제도 및 비밀유지명령제도 도입, 백화점업 등 종합소매점업의 정식 명칭인정, 유사군 코드의 신설․변경, 지정서비스업의 삭제, 서비스업과 상품과의 유사 여부 판단기준이 변경됨에 따라 『서비스표 심사 세부처리지침 및 요령』의 개정이 필요하게 되었음.
다. 이에 따라 이번 개정 작업에서는 그동안의 법령 및 심사기준 개정사항을 반영하고 서비스표심사 내부처리방침으로 결정된 사안과 법원 판례 등을 추가하여 모든 심사관이 심사의 어려움이 없이 심사가 가능하도록 내용을 충실하게 반영하는데 그 역점을 두고 작성하였음. 1) 첫째, 『유사상품․서비스업 심사기준』의 변경에 따른 유사군 해설, 판단기준, 분류요령 등을 상세히 다루었음. 2) 둘째, 종전에는 수리·수선업, 특수가공업, 임대대여업 등에서 그 지정서비스업의 대상이 되는 상품을 개별적 구체적으로 비교 판단했으나, 2012년 3월부터는 원칙적으로 견련성이 없는 것으로 결정하였음. 3) 셋째, 서비스표 심사의 판례경향 등을 참조하기 위하여 상품관련 “심판결례및 심사사례 반영목록”을 수록하였고, 특허법원, 대법원 등의 신규판례를 반영하였음 4) 넷째, 각종 심사요령, 통지서 작성요령 및 처리방법 등을 다루어 모든 심사관등이 쉽게 활용할 수 있도록 하였음
[서비스표 심사 세부처리지침 및 요령中]
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Ⅰ. 서 론 1. 일러두기 ····················································································································· 1 2. 서비스표의 개념 및 연혁 ······················································································· 2 3. 사용대상의 특수성 ································································································· 3 4. 기능상의 특수성 ······································································································· 5 5. 사용행위상의 특수성 ······························································································· 6 6. 상표와 서비스표의 개념 비교 ··············································································· 7 Ⅱ. 지정서비스업 분류 및 심사에 관한 일반원칙 1. 서비스업류 구분 및 유사군 코드 현황 ······························································· 9 2. 한국상품분류와 유사군 코드 ··············································································· 11 3. 상품/서비스업 유사판단 기준 ··············································································· 14 4. 서비스업류 구분 ······································································································· 26
Ⅲ. 지정서비스업의 심사 및 유사 판단 1. 지정서비스업 심사 일반 ························································································· 39 2. 도·소매업 등의 지정서비스업 심사 및 유사 판단 ··········································· 42 3. 백화점업, 대형할인마트업 등의 유사 판단 ························································ 48 4. 기 등록된 ‘구매대행업’의 유사범위 ····································································· 51 5. 전자상거래 등의 통신판매 관련 서비스업의 심사요령 ··································· 52 6. 체인사업(프랜차이즈) 관련 서비스업의 심사요령 ··········································· 54 7. 각종 카드 관련 서비스업의 심사요령 ································································· 55 8. 부동산관리업 관련 서비스업의 심사요령 ··························································· 56 9. 수리(수선)업 및 특수가공업 관련 서비스업의 유사범위 판단 ····················· 57 10. 임대업, 대여업 관련 분류 및 유사범위 판단 ···················································· 59 11. 인터넷, 온라인, 컴퓨터 네트워크 등 관련 서비스업의 심사요령 ················· 61 12. 학원경영업관련 유사범위 판단 ············································································· 62 13. 기타 서비스업 관련 심사요령 ··············································································· 62 14. 유사상품․서비스업 심사기준에 따른 판례 및 심사반영 목록 ····················· 62
Ⅳ. 서비스표 표장심사 가이드 1. 서비스 제공물 또는 제공대상과 결합된 표장 ··················································· 63 2. 장소적 의미와 결합된 표장 ··················································································· 65 3. 현저한 지리적 명칭과 결합된 표장 ····································································· 66 4. 현저한 지리적 명칭과 업종명 등이 결합된 표장 ············································· 68 5. 약어 내지 약칭과 그 내용이 결합된 표장 ························································· 71 6. 서적의 제호, 제명, 캐릭터 방송프로그램명과 결합된 표장 ··························· 74 7. 대규모기업집단 명칭과 결합된 표장 ··································································· 76 8. 관념을 가진 1자로 구성된 표장 ··········································································· 78 9. 외국어 표장 ··············································································································· 79 10. 심사쟁점 연구과제 ··································································································· 82
Ⅴ. 주요 판례 1. 상품과 서비스업의 유사 판결사례 ······································································· 92 2. 기타 참고 판례 ········································································································· 102 Ⅵ. 각종 심사 및 통지서 작성 1. 우선심사 ····················································································································· 105 2. 동일자출원 관련 통지서 ························································································· 107 3. 분할출원 심사 ··········································································································· 109 4. 변경출원 심사 ··········································································································· 110 5. 우선권주장 심사 ····································································································· 111 6. 출원시의 특례 심사 ································································································· 112 7. 지정상품 추가등록출원 심사 ··············································································· 113 8. 처리기간 관련 주의사항 ······················································································· 114
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