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PC Direct Corp. v. Commissioner of the Korean Intellectual Property Office,
2000 Hu 1436, March 23, 2001, published on May 15, 2001
The Supreme Court affirmed the Patent Court's decision which ruled in favor of the Commissioner that decided to reject the petitioner's service mark application, PC Direct, because the mark is descriptive of the service offered.
The Court reasoned that "PC" literally is an abbreviation of personal computer, and "Direct" has the meaning of teaching, direct as opposite of indirect, and quick or fast. Thus, it could be said that "PC Direct" can give an impression to the consumer as a quick or fast sale of personal computers. The services of "PC Direct" are the sale of computers and equipment, intermediary sale of computers and equipment, repair of computer hardware, etc. in class 36 and 37.
The Court held, since it is against the welfare of public in general to allow monopoly on the name that constitutes a description of services, this trademark application should not be registered.
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