A. Trademark

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.


B. Service mark

Service mark is a mark used by a person who carries on a service business for the purpose of distinguishing such business from those of others.

Shortly, trademark is a distinguishing mark for 'goods' whereas service mark is for 'services'


C. Collective mark

Collective mark is a mark intended to be used with respect to the goods or services of members of a legal entity founded by and composed of persons who are in the same line of business and who are closely associated therein and who are controlled by the legal entity.


D. Business emblem

Business emblem is a mark used by a person who carries on a nonprofit business for the purpose of indicating his business. (e.g. YMCA, Boy Scout¡¦..)