｜제1장｜ 미국의 상표 보호 체계
제1절 총 설 ··············································································································· 1
Ⅰ. 商標와 Trademark / 1
Ⅱ. 상표권의 상표 사용에의 부속 원칙 / 4
Ⅲ. 사용주의 / 6 Ⅳ. 상표 보호 이론 / 8
Ⅴ. 상표 보호의 법원 / 10
제2절 미국의 상표 보호 체계 ······················································································ 12
Ⅰ. 보통법과 제정법의 공존 / 12
Ⅱ. 연방상표법과 주상표법의 공존 / 15
Ⅲ. 연방상표법과 특허법, 저작권법과의 관계 / 21
제3절 미국의 연방상표 관련 기관, 법령 및 심사기준 등 ············································ 31
Ⅰ. 의 의 / 31
Ⅱ. 연방상표법에 따른 상표의 출원·심사·등록·심판 관련 기관 / 31
Ⅲ. 연방상표법의 체계 / 32 Ⅳ. 연방상표법 시행규칙 / 33
Ⅴ. 상표심사기준 / 33 Ⅵ. 상표심사가이드 / 33
Ⅶ. 특허상표청에서 인정되는 상품 및 서비스 목록 / 34
Ⅷ. 상표심판편람 / 34
Ⅸ. 미국이 가입한 상표관련 국제조약 / 34
제4절 우리나라의 제도와 비교·분석 ········································································· 35
Ⅰ. 우리나라의 제도 / 35 Ⅱ. 미국의 제도와 비교 / 37

｜제2장｜ 연방상표법의 개정 연혁
제1절 총 설 ················································································································· 40
제2절 유럽 주요 국가의 상표법 제·개정 연혁 ··························································· 41
Ⅰ. 영 국 / 41 Ⅱ. 프랑스 / 43
v
Ⅲ. 독 일 / 44
제3절 1870년 미국 최초의 연방상표법 제정 ······························································· 45
Ⅰ. 1870년 연방상표법 제정 전 / 45
Ⅱ. 1870년 최초의 연방상표법 제정 / 45
Ⅲ. 1876년 개정 / 47
제4절 1879년 연방대법원에 의한 연방상표법의 위헌 판결 ········································ 48
Ⅰ. 의 의 / 48 Ⅱ. 위헌 판결 근거 / 48
Ⅲ. 결 과 / 49
제5절 1881년 연방상표법 제정 ···················································································· 50
Ⅰ. 배 경 / 50 Ⅱ. 주요 내용 / 50
제6절 1905년 연방상표법 ···························································································· 51
Ⅰ. 미국 내 주 간의 상거래에 사용된 상표도 상표등록 허용 / 51
Ⅱ. 기술적 상표의 등록 불허 / 51
제7절 1920년 연방상표법 ···························································································· 52
Ⅰ. 배 경 / 52 Ⅱ. 주요 내용 / 52
제8절 1946년 Lanham Act 탄생 ··················································································· 53
Ⅰ. 배 경 / 53 Ⅱ. 주요 내용 / 54
제9절 미국 연방상표법의 주요 개정 연혁 ··································································· 55
Ⅰ. 1958년 상표심판원 설립 / 55
Ⅱ. 1962년 개정법에 의한 혼동의 주체와 개념의 확장 / 55
Ⅲ. 1975년 변호사 비용 배상제도 도입 및 특허청의 명칭을
특허상표청으로 개명 / 56
Ⅳ. 1982년 연방순회항소법원 설립 / 57
Ⅴ. 1984년 개정 / 57 Ⅵ. 1988년 상표법개정법 제정 / 58
Ⅶ. 1993년 NAFTA시행법 제정 / 61 Ⅷ. 1994년 UR 협정법 제정 / 61
Ⅸ. 1995년 연방희석화방지법 제정 / 62
Ⅹ. 1996년 위조상품방지소비자보호법 제정 / 62
?. 1998년 상표법조약시행법 제정 / 62 ?. 1999년 개정 / 63
ⅩⅢ. 2002년 마드리드 의정서 시행법 제정 / 64
ⅩⅣ. 2006년 개정 / 64
ⅩⅤ. 2008년 지식재산을 위한 자원 및 조직 우선화법 제정 / 67
vi
제10절 우리나라의 상표법 개정 연혁과 비교·분석 ··················································· 67

｜제3장｜ 연방상표법상 상표의 종류
제1절 총 설 ················································································································· 69
제2절 상 표 ················································································································· 69
Ⅰ. 의 의 / 69 Ⅱ. 연 혁 / 74
Ⅲ. 하우스 마크 / 75 Ⅳ. 패밀리 상표 / 76
Ⅴ. 트레이드 드레스 / 77 Ⅵ. 상호와 비교 / 77
Ⅶ. 도메인 이름과 비교 / 80
제3절 서비스표 ··········································································································· 81
Ⅰ. 의 의 / 81 Ⅱ. 연 혁 / 83
Ⅲ. 상표와 비교 / 83
제4절 증명표장 ··········································································································· 84
Ⅰ. 의 의 / 84 Ⅱ. 연 혁 / 86
Ⅲ. 종 류 / 86 Ⅳ. 상표 또는 서비스표와 비교 / 88
Ⅴ. 특 징 / 88
제5절 단체표장 ··········································································································· 90
Ⅰ. 의 의 / 90 Ⅱ. 연 혁 / 91
Ⅲ. 종 류 / 91 Ⅳ. 증명표장과 비교 / 92
제6절 우리나라의 제도와 비교·분석 ········································································· 93
Ⅰ. 상표의 종류 / 93 Ⅱ. 제도 도입 연혁 / 94

｜제4장｜ 연방상표법의 보호 대상
제1절 총 설 ················································································································· 98
제2절 문 자 ················································································································· 99
Ⅰ. 의 의 / 99
Ⅱ. 외국 문자의 보통명칭 등의 해당 여부 판단 / 99
Ⅲ. Phantom 상표 / 99 Ⅳ. 등록 사례 / 102
제3절 숫 자 ··············································································································· 102
vii
Ⅰ. 의 의 / 102 Ⅱ. 등록 사례 / 102
제4절 슬로건 ············································································································· 103
Ⅰ. 의 의 / 103 Ⅱ. 보호 연혁 / 104
Ⅲ. 등록 사례 / 105
제5절 도 형 ··············································································································· 106
Ⅰ. 의 의 / 106 Ⅱ. 등록 사례 / 107
제6절 색 채 ··············································································································· 107
Ⅰ. 의 의 / 107 Ⅱ. 보호 연혁 / 108
Ⅲ. 출원 시 도면작성 방법 / 113 Ⅳ. 등록 사례 / 115
제7절 입체적 형상 ····································································································· 116
Ⅰ. 의 의 / 116 Ⅱ. 출원 시 도면작성 방법 / 116
Ⅲ. 등록 사례 / 117
제8절 홀로그램 ·········································································································· 118
Ⅰ. 의 의 / 118 Ⅱ. 등록 사례 / 118
제9절 동 작 ··············································································································· 119
Ⅰ. 의 의 / 119 Ⅱ. 출원 시 도면작성 방법 / 120
Ⅲ. 등록 사례 / 120
제10절 위 치 ············································································································· 122
Ⅰ. 의 의 / 122 Ⅱ. 등록 사례 / 122
제11절 소 리 ············································································································· 124
Ⅰ. 의 의 / 124 Ⅱ. 보호 연혁 / 125
Ⅲ. 출원 시 도면작성 방법 / 125 Ⅳ. 등록 사례 / 125
제12절 냄 새 ············································································································· 126
Ⅰ. 의 의 / 126 Ⅱ. 보호 연혁 / 126
Ⅲ. 출원 시 도면작성 방법 / 127 Ⅳ. 등록 사례 / 127
제13절 맛 ··················································································································· 128
제14절 촉 감 ············································································································· 128
Ⅰ. 의 의 / 128 Ⅱ. 등록 사례 / 129
제15절 빛 ··················································································································· 130
제16절 트레이드 드레스 ···························································································· 131
Ⅰ. 의 의 / 131 Ⅱ. 보호 연혁 / 131
viii
Ⅲ. 종 류 / 138
Ⅳ. 연방상표법상 트레이드 드레스 보호의 법적 근거 / 146
Ⅴ. 트레이드 드레스의 보호 요건 / 146
Ⅵ. 트레이드 드레스와 디자인특허의 차이점 / 151
제17절 우리나라의 제도와 비교·분석 ····································································· 152
Ⅰ. 우리나라의 제도 / 152 Ⅱ. 미국의 제도와 비교 / 155

｜제5장｜ 상표권의 발생
제1절 총 설 ··············································································································· 156
Ⅰ. 보통법상의 상표권 / 156
Ⅱ. 주상표법에 따라 등록된 상표의 상표권 / 157
Ⅲ. 연방상표법에 따라 등록된 상표의 상표권 / 157
제2절 보통법상 상표권의 발생 ·················································································· 158
Ⅰ. 의 의 / 158 Ⅱ. 상표의 사용 / 159
Ⅲ. 보통법상 상표권의 범위 / 165
제3절 연방상표법에 따른 상표의 상업적 사용 및
등록상표의 상표권의 지역적 범위 ·································································· 169
Ⅰ. 의 의 / 169 Ⅱ. 상표의 상업적 사용 / 170
Ⅲ. 연방상표법상 등록상표의 상표권의 지역적 범위 / 177
제4절 연방상표법에 따른 상표등록의 혜택 ······························································ 181
Ⅰ. 의 의 / 181
Ⅱ. 주등록부에 대한 상표등록의 혜택 / 181
Ⅲ. 보조등록부에 대한 상표등록의 혜택과 한계 / 191
제5절 우리나라의 제도와 비교·분석 ······································································· 194
Ⅰ. 우리나라의 제도 / 194 Ⅱ. 미국의 제도와 비교 / 195

｜제6장｜연방상표법상 상표의 등록요건
제1절 총 설 ··············································································································· 200
Ⅰ. 의 의 / 200
ix
Ⅱ. 상표의 등록요건과 보호 요건 / 200
제2절 식별력 ············································································································· 201
Ⅰ. 의 의 / 201 Ⅱ. 고유의 식별력 / 201
Ⅲ. 사용에 의한 식별력 / 202
Ⅳ. 식별력의 존부에 대한 판단 기준 / 212
제3절 부등록사유 ······································································································ 227
Ⅰ. 의 의 / 227 Ⅱ. 상표의 부등록사유 / 227
Ⅲ. 정 리 / 280 Ⅳ. 상표등록이 거절된 경우 / 282
제4절 우리나라의 제도와 비교·분석 ······································································· 282
Ⅰ. 우리나라의 제도 / 282 Ⅱ. 미국의 제도와 비교 / 290

｜제7장｜ 연방상표법상 상표의 선택·출원·심사·등록 및 그 이후의 절차
제1절 총 설 ··············································································································· 298
제2절 상표의 선택 ····································································································· 298
Ⅰ. 상표 조사 / 298 Ⅱ. 상표 조사 대상 / 300
Ⅲ. 상표 조사 방법 / 302
제3절 상표의 출원 ····································································································· 303
Ⅰ. 상표출원의 기초 / 303
Ⅱ. 상표의 실제 사용에 기초한 상표출원 / 305
Ⅲ. 상표의 사용의사에 기초한 상표출원 / 309
Ⅳ. 외국에서의 상표등록 또는 상표출원에 기초한 상표출원 / 312
Ⅴ. 마드리드 의정서에 의한 국제출원 / 314
Ⅵ. 대리인 / 315
제4절 출원상표에 대한 심사 ····················································································· 316
Ⅰ. 의 의 / 316 Ⅱ. 심사의 순서 / 317
Ⅲ. 방식심사 / 318 Ⅳ. 실체심사 / 320
Ⅴ. 심사관의 거절통지에 대한 출원인의 답변서 제출 / 322
Ⅵ. 심사관에 의한 심사중지 / 329 Ⅶ. 심사관과의 면담 / 329
Ⅷ. 제3자의 항의서 제출 / 330 Ⅸ. 상표등록의 이의신청 / 331
Ⅹ. 거절결정 / 331 ?. 거절결정에 대한 불복 / 332
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제5절 상표의 등록 ····································································································· 334
Ⅰ. 의 의 / 334 Ⅱ. 상표권의 존속기간 / 334
Ⅲ. 상표등록의 효력 / 335
제6절 상표권의 유지 ································································································· 338
Ⅰ. 의 의 / 338 Ⅱ. 상품에 대한 등록상표 표시 / 338
Ⅲ. 상표사용선언서 제출 / 339 Ⅳ. 불가쟁의선언서 제출 / 350
Ⅴ. 상표권의 존속기간 갱신 / 353
제7절 우리나라의 제도와 비교·분석 ······································································· 354
Ⅰ. 상표의 사용의사 / 354 Ⅱ. 우선심사제도 / 355
Ⅲ. 상표등록 후 상표사용선언서 제출제도 / 357
Ⅳ. 상표등록 후 5년 경과 시 불가쟁력의 효력 발생 / 357
Ⅴ. 거절결정에 대한 심사관의 재심사제도 / 358
Ⅵ. 지정상품에 대한 개별상품 심사제도 / 358
Ⅶ. 부분거절 및 부분포기 제도 / 359 Ⅷ. 제3자의 항의서 제출제도 / 360
Ⅸ. 상표등록의 이의신청제도 / 360 Ⅹ. 주등록부 vs. 보조등록부 / 361
?. 상표등록 후 등록상표의 보정과 상표의 구성 중 일부분에 대한
권리불요구 / 361