등록무효(상)
1. The decision made by the Intellectual Property Tribunal on March 21, 2019 on the case No. 2018Da715 is revoked.
2. The costs of lawsuit shall be.
1. Basic facts
(a) The trademark registration number / filing date of the trademark registration number / registration decision date / registration date: C/D/D/ E/ 2 May 23, 2016) previous designated goods: the right holder of the right under the following circumstances: medicines for health care, food supplement beverages, food supplementing materials, health assistive medicines for food supplement agents, health assistive medicines, compounding agents, non-stamins and sporessing agents, sporessing agents in the powder-type, powder-type congested mixing links, vegetable-type vegetable-type vegetable-type vegetable-type vegetable-type vegetable-type vegetable-type vegetable-type vegetable-type vegetable food, medical meals, medical meals-oriented food, and vegetable-type food 4).
(b) Trademark registration number 1) / filing date / registration date: F/ G/H2) previous designated goods: 3) designated goods classified into category 5: medicines for pre-donation treatment, medicines for sexually functional disorders treatment, medicines for climatic disorders treatment, medicines for non-explosion treatment, medicines for cardio-explosion treatment, medicines for cardio-explosion treatment, medicines for cardio-explosion treatment, medicines for anti-smoking treatment, medicines for extracting anti-smoking treatment, medicines for cliology treatment, semi-smoking treatment, medicines for climatic system, medicines for mid-to-smoking treatment, medicines for cardio-exption boundary, pulmonary new boundary, medicines for pulmonary agents, medicines for pulmonary agents, medicines for pulmonary resuscitation treatment, medicines for clibrology treatment, medicines for cliology treatment, medicines for clibrology treatment, medicines for cliology treatment, medicines for identification engines, outing medication 4): The right holder of the Plaintiff (hereinafter referred to as “stock company”).
After the H Registered Trademark was registered, the Plaintiff completed the registration of transfer on July 16, 2015 due to the registration of transfer of all rights) existing I was divided into the Plaintiff (the Plaintiff as a surviving corporation) and the newly incorporated corporation I on July 1, 2010.
Existing I's business division related to the manufacture and sale of medicines has succeeded to the new corporation.
After that, the plaintiff was converted into a holding company with I et al. as an affiliate, and established the right to use the trademark against I.
C. The pre-use trademark 1 Gu: The instant trial decision identified the pre-use trademark as “sale”.
However, according to the evidence submitted in the instant lawsuit, the medicine for pre-donation treatment is used.