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 registered trademark 1) filing date/registration date//registration number: The designated goods of June 15, 201 / 201 / June 24, 2013 : 3: Attached Table 1. (b) The filing date/registration date/registration number of the prior registered trademark 1) / the designated goods of March 8, 2006 / the trademark registration No. 69765622) : Attached Table 2:
4 Person entitled to registration: Plaintiff
C. First Used Trademark 1) Date of commencement of use: Date of application on March 27, 2002 (2)/ Date of registration/registration number: Date of June 28, 2010 / 29/ December 29, 2011 (No. 1048069) of designated goods: Attached Table 3:
5) An employer (holder: plaintiff);
D. 1) On September 23, 2014, the Korean Intellectual Property Tribunal filed a petition for a trial on invalidation of the trademark of this case on the grounds that the registered trademark of this case is a trademark which copied the registered trademark of this case, well-known and well-known, and the pre-use trademark, and obtained unfair profits or losses by taking advantage of the credit and reputation accumulated in the pre-registered trademark and the pre-use trademark, and thus, constitutes Article 7(1)7, 11, and 12 of the Trademark Act, and thus, the registration must be invalidated. 2) Since the registered trademark of this case is a different mark from the pre-registered trademark and the pre-use trademark, and thus, it is inconsistent with each other, it did not constitute both Article 7(1)7, 11, and 12 of the Trademark Act, which is premised on similarity of the trademark.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, purport of whole pleadings
2. The plaintiff asserts that the registered trademark of this case is similar to the plaintiff's prior registered trademark and prior used trademark widely known at home and abroad, and its registration should be invalidated on the ground that the registered trademark of this case is identical to the plaintiff's prior registered trademark and prior used trademark for unjust purposes.
As to this, the defendant, the registered trademark of this case, prior to use trademark and mark of the plaintiff.