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Trademark on the Trademark Law is different from
trademark generally accepted in society (trademark
as a social fact).
Article 2 of the Korean Trademark Law defines
Trademark as "a sign, a character, a figure,
a three-dimensional shape or any combination thereof
or any combination of color with any of them (hereinafter
referred to as a "mark") which is used
on goods related to the business of a person who
carries on business activities, such as producing,
processing, certifying or selling such goods,
for the purpose of distinguishing them from the
goods of others,
Accordingly, most visually perceivable things
such as sign, character, figure, color, three-dimensional
shape or a combination thereof may be recognized
as a trademark. However it is impossible to obtain
a trademark registration for sound, smell or taste
under the Korean Trademark Law.
In addition, because a mark not used to distinguish
one's goods from others' is not a trademark, a
mark used in purpose of producing an aesthetic
impression or price indication is not a trademark.
Trademark in wide sense includes service mark,
collective mark and business emblem.
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