권리범위확인(상)
1. The decision made by the Intellectual Property Tribunal on June 18, 2015 on the case No. 2014DaDa2940 shall be revoked.
2. The costs of lawsuit shall be.
1. Basic facts
A. 1) Date of application/registration date/registration number / B/ C/D2: 3) Designated service business: The service business classification No. 35 is indicated outside of the retail business (attached Form). 4), the obligee of registration: The Plaintiff
(b) Goods using the mark subject to confirmation 1 in the mark subject to confirmation : 2) the trademark subject to confirmation : Defendant;
C. On November 19, 2014, the Plaintiff filed a petition with the Intellectual Property Tribunal for an affirmative trial to confirm the scope of rights of the instant registered service mark (2014DaDa2940) that the challenged mark falls under the scope of rights of the instant registered service mark. (2) On June 18, 2015, the Intellectual Property Tribunal dismissed the Plaintiff’s petition on the ground that “the challenged mark is not similar to the designated service of the instant registered service mark, and does not fall under the scope of rights of the instant registered service mark.”
[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings
2. Summary of the parties' arguments;
A. The mark subject to confirmation of the grounds for cancellation of the Plaintiff’s assertion is similar to the registered service mark of this case, and the mark is similar to the registered service mark of this case, and the “spaw,” which is the used goods, is similar to the retail business of metal-related furnitures, spawn, spawn, beer, beer, sight, and fashion retail business of this case. Thus, it falls under the scope of the right of the registered service mark of this case.
Therefore, the trial decision of this case, which was otherwise decided, is unlawful.
B. The goods using the Defendant’s assertion mark, which is the goods subject to the Defendant’s use of the registered service mark, are different from metal accessories, trings, trings, stone embankments, beers, sights, coos, and quality, shape, use, production, and sales. As such, the challenged mark is the instant case.