등록무효(상)
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. The Plaintiff’s registered trademark 1) filing date/registration date/registration number: 1/201/11/20 on November 29, 2013 / Trademark Registration No. 1010922 on December 29, 2013: 3 designated goods classified by category 20
(b) The Defendant’s registered trademark and the pre-registered trademark 1 A)/registration date / 10 of the pre-registered trademark : Date of application 2(a)/registration date of the pre-registered trademark : March 19, 2001 / June 16, 201 / Trademark 543523(b)): The designated goods of Category 11 of the product classification: Electric intrudes, Non-Medical Electric Fiters, Electrical Fiters, Electricity ioners, Electricity ioners, electricity ruptures, ruptures, electric ruptures, no-medical ruptures, no-medical rupture 2(a) / 10 of the pre-registered trademark : Date of application / 200 of the pre-registered trademark : Date of registration / 2(3) of the pre-registered trademark / 400 of the pre-registered trademark / 201.71/208 of the pre-registered trademark /48.20
C. On July 1, 2015, the Defendant: (a) against the Plaintiff on July 1, 2015; and (b) on the instant registered trademark, the former Trademark Act (wholly amended by Act No. 14033, Feb. 29, 2016; hereinafter the same applies)
(2) On April 27, 2017, the Intellectual Property Tribunal filed a petition for a registration invalidation trial by asserting that the registration should be invalidated by falling under Article 7(1)7, 9, 11, and 12 (see Supreme Court Decision 2015Da3746, Apr. 27, 2017).