조현중 상표법1차기본서(제1판)

chapter 01 총 칙

제01절 상표법의 목적···························································································· 2
제02절 상표법상 상표의 개념 ··············································································· 4
제03절 상표의 식별력··························································································· 8
제04절 상표의 기능 ····························································································· 14
제05절 상표의 사용 ····························································································· 16
제06절 입체상표 ·································································································· 30
제07절 색체상표 ·································································································· 36
제08절 홀로그램 및 동작상표 ············································································· 42
제09절 위치상표 ·································································································· 47
제10절 비시각적 상표(소리, 냄새상표) ······························································· 52
제11절 트레이드 드레스······················································································ 59
제12절 단체표장··································································································· 62
제13절 증명표장··································································································· 69
제14절 지리적 표시····························································································· 77
제15절 지리적표시 단체표장··············································································· 82
제16절 지리적 표시 증명표장············································································· 96
제17절 업무표장································································································· 100
제18절 상표의 동일ㆍ유사 ················································································ 106
제19절 상품의 동일ㆍ유사 ················································································ 119
제20절 절차 총칙······························································································ 122
제21절 부정경쟁방지법······················································································ 134

chapter 02 상표의 등록요건

제01절 상표등록출원인 – 사용의사·································································· 144
제02절 제33조 제1항 제1호············································································ 148
제03절 제33조 제1항 제2호············································································ 152
제04절 제33조 제1항 제3호············································································ 154
제05절 제33조 제1항 제4호············································································ 162
제06절 제33조 제1항 제5호············································································ 168
제07절 제33조 제1항 제6호············································································ 171
제08절 제33조 제1항 제7호············································································ 175
제09절 제33조 제2항························································································ 179
제10절 제34조 제1항 제1호············································································· 186
제11절 제34조 제1항 제2호 ············································································· 191
제12절 제34조 제1항 제3호············································································· 193
제13절 제34조 제1항 제4호············································································· 196
제14절 제34조 제1항 제5호············································································· 201
제15절 제34조 제1항 제6호············································································· 204
제16절 제34조 제1항 제7호············································································· 207
제17절 제34조 제1항 제8호············································································· 210
제18절 제34조 제1항 제9호············································································· 212
제19절 제34조 제1항 제10호 ··········································································· 216
제20절 제34조 제1항 제11호·········································································· 218
제21절 제34조 제1항 제12호··········································································· 223
제22절 제34조 제1항 제13호·········································································· 230
제23절 제34조 제1항 제14호·········································································· 236
제24절 제34조 제1항 제15호·········································································· 238
제25절 제34조 제1항 제16호·········································································· 240
제26절 제34조 제1항 제17호·········································································· 243
제27절 제34조 제1항 제18호·········································································· 245
제28절 제34조 제1항 제19호·········································································· 248
제29절 제34조 제1항 제20호·········································································· 251
제30절 제34조 제1항 제21호·········································································· 255
제31절 제34조 제3항························································································ 259
제32절 제35조(선출원주의) ··············································································· 262

chapter 03 상표등록출원 및 심사

제01절 상표등록출원에 대한 심사절차의 개관················································ 268
제02절 출원일의 인정과 절차보완··································································· 274
제03절 절차의 보정 및 절차의 무효 ······························································· 278
제04절 1상표 1출원(제38조) ············································································ 280
제05절 부분거절제도························································································· 283
제06절 상표등록출원의 우선심사제도······························································ 285
제07절 절차계속신청제도·················································································· 288
제08절 실체보정 ································································································ 291
제09절 요지변경 ································································································ 298
제10절 출원의 변경··························································································· 303
제11절 출원의 분할··························································································· 307
제12절 조약에 따른 우선권 주장 제도···························································· 312
제13절 출원 시의 특례······················································································ 317
제14절 재심사청구제도······················································································ 320
제15절 출원의 승계 및 분할이전····································································· 323
제16절 출원공고제도 ························································································· 326
제17절 손실보상청구권······················································································ 330
제18절 상표등록이의신청·················································································· 333
제19절 상표등록료 및 상표등록······································································· 340

chapter 04 상표권

제01절 상표권의 효력······················································································· 349
제02절 상표권의 이전······················································································· 359
제03절 상표권의 공유······················································································· 363
제04절 사용권 제도 ··························································································· 368
제05절 상표권에 대한 질권·············································································· 379
제06절 상표권의 소멸······················································································· 382
제07절 존속기간갱신등록제도 ··········································································· 387
보충 부적법한 소멸등록 후 회복등록된 상표권의 존속기간갱신등록신청 · 391
제08절 상품분류전환등록제도 ··········································································· 393
제09절 지정상품추가등록제도 ··········································································· 398

chapter 05 상표권자의 보호

제01절 상표권의 침해 총설·············································································· 404
제02절 제90조의 효력제한사유 ········································································ 409
제03절 권리소진이론························································································· 418
제04절 진정상품병행수입·················································································· 420
제05절 상표권자의 민사상 조치 총설······························································ 424
제06절 침해금지청구권 등 ················································································ 425
제07절 손해배상청구권 ····················································································· 428
제08절 법정손해배상제도·················································································· 437
제09절 권리남용 ································································································ 439
제10절 상표권 침해에 대한 형사적 구제 ························································· 442
제11절 벌 칙······································································································ 445
제12절 비밀유지명령제도·················································································· 448

chapter 06 심판 및 소송

제01절 총 론······································································································ 452
제02절 상표법상 심판청구의 이해관계인························································ 469
제03절 거절결정에 대한 심판 ·········································································· 472
제04절 상표등록무효심판·················································································· 478
제05절 제119조 제1항 제1호에 의한 취소심판············································· 484
제06절 제119조 제1항 제2호에 의한 취소심판············································· 492
제07절 제120조(사용권등록취소심판) ······························································ 498
제08절 제119조 제1항 제3호에 의한 취소심판············································· 501
제09절 제119조 제1항 제4호에 의한 취소심판············································· 516
제10절 제119조 제1항 제5호에 의한 취소심판·············································· 518
제11절 제119조 제1항 제5호의2에 의한 취소심판········································ 522
제12절 제119조 제1항 제6호에 의한 취소심판·············································· 523
제13절 상표등록취소사유 추가적 주장 가부 ··················································· 527
제14절 권리범위확인심판·················································································· 529
제15절 재 심······································································································ 539
제16절 심결취소소송 ························································································· 542

chapter 07 기타 쟁점

제01절 도메인 이름의 법적취급······································································· 554
제02절 인터넷 키워드 광고의 문제································································· 557
제03절 오픈마켓 운영자의 법적책임 ································································ 559
제04절 창작물수록상품의 제명과 관련된 문제 ··············································· 561
제05절 캐릭터(저작물) 모방의 상표법상 취급················································· 563

chapter 08 마드리드의정서 국제출원

제01절 마드리드협정 및 마드리드의정서························································· 567
제02절 마드리드의정서상의 본국관청절차······················································· 569
제03절 마드리드의정서상의 지정국관청절차··················································· 577
제04절 국제조약 ································································································ 588