[등록무효(상)] 상고[각공2012상,145]
In a case where the Yangcheon-si Branch filed a petition with the Intellectual Property Tribunal for a registration invalidation trial against Gap corporation on the grounds that the registered trademark " " constitutes Article 7 (1) 2 and 4 of the Trademark Act, and the Korean Intellectual Property Tribunal rejected the petition and sought the revocation of the above trial decision, the case holding that the registered trademark falls under Article 7 (1) 2 and 7 (1) 4 of the Trademark Act and thus becomes invalid.
In the case where the Yangcheon-si Branch requested the Intellectual Property Tribunal for a registration invalidation trial against Gap corporation on the ground that the registered trademark "" (hereinafter "the registered trademark of this case") falls under Article 7 (1) 2 and 4 of the Trademark Act, and the Korean Intellectual Property Tribunal made a request for the cancellation of the above trial decision, and Gap corporation sought the cancellation of the registered trademark, the case held that the registered trademark of this case refers to "a trademark indicating a false relation with the deceased," and it constitutes "a trademark indicating a false relation with the deceased," and Article 7 (1) 2 of the Trademark Act is deemed as "a trademark indicating a false relation with the deceased," and that the registered trademark of this case without permission applied for and registered with the intention to exclusively use the registered trademark of this case, which is recognized as closely related to the species, constitutes an act that might impair the reputation of the deceased and thus, it is unfair for consumers to purchase it, and thus, it constitutes a violation of Article 7 (1) 4 of the Trademark Act, such as fair distribution order and good morals of goods.
Article 7(1)2 and 4 of the Trademark Act
Korea Food & Drug Corporation (Suspension from office of patent firm and Patent Attorney Park Jae-soo, Patent Attorney Park Jae-hwan)
Yangcheon-si Branch of Korea (Patent Attorney Jeon Soo-soo et al., Counsel for the defendant-appellant)
October 12, 2011
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
The Korean Intellectual Property Tribunal's decision on the case No. 2112 dated July 1, 201 shall be revoked.
1. Basic facts
A. The registered trademark of this case
(1) Registration number/application date/registration date: Trademark registration No. 827203//7 July 10, 2009/ June 21, 2010
(2) Gu gender:
(c) Designated goods: Rice of Category 30 as classified in the category of goods, rice containing melting melting melting melting sings, rice containing melting sing sings, and teas;
B. Details of the instant trial decision
On August 19, 2010, the Defendant filed a petition with the Intellectual Property Tribunal for a trial on invalidation of the registered trademark of this case on the grounds that the registered trademark of this case falls under Article 7(1)2, 4, 6, and 11 of the Trademark Act, and the Korean Intellectual Property Tribunal tried on July 1, 2011 after which the trial was conducted by the Korean Intellectual Property Tribunal on the ground that the registered trademark of this case does not fall under Article 7(1)2, 6, and 11 of the Trademark Act, but falls under Article 7(1)4 of the Trademark Act.
[Grounds for recognition] Nos. 1 and 2, and the purport of the pleading
2. The parties' assertion
A. Summary of the plaintiff's assertion
① Since the designated goods of the instant registered trademark are not entirely related to the Chinese medicine department that permits the use of rice, melting rice, rice containing melting rice, and tea, and rice containing pyrops, it is not likely to infringe the fair and reliable distribution order of goods because the use of the instant registered trademark on such goods does not unfairly mislead consumers. ② The instant registered trademark does not have any indication of the relationship with the person in its composition, and thus, it cannot be said that there is no indication of the relationship with the person in a false manner, or that there is no concern for slandering, insulting, or allowing the person to make a bad reputation. ③ The instant registered trademark does not fall under Article 7(1)2, 4, and 11 of the Trademark Act, since it is not only the name of another person existing in the name of another person in a false medical name that was 400 years ago, but also it does not fall under any trademark that is likely to mislead consumers or deceive consumers.
B. Summary of the defendant's assertion
(1) The registered trademark of this case is subject to Article 7(1)2 of the Trademark Act, since the registered trademark of this case combines "the main house" to derive the concept of "the house," which led to the awareness of well-known deceased person, and marks the relation with the well-known deceased person.
(2) The designated goods of the instant registered trademark are products with the expanded oriental medicine applied to rice, melting rice containing melting tea, rice containing walops, rice containing walops, and teas. As such, the Plaintiff is closely related to the oriental medicine department of “Licensed”. The Plaintiff stated in his business start-up hub, “Ispopic Amopic Ispopic Ispopic Ispopic Ispopic Ispopic Ispopic Ispopic Ispopic Ispopic Ispopic Ispopic Ispopic Ispopic Is, Ispopic Ispopic Ispopic Is,” and thus, the instant registered trademark constitutes Article 7(1)4 of
(3) If the registered trademark of this case is used, it is likely to mislead or confuse that ordinary consumers produce and sell food based on the oriental medicine that is permissible in the integrated design or organization which combines the guidance of “permitted”. The manufactured product here is considered to be in a friendly relationship with another person’s product, and thus, there may be misconception or confusion about the quality of the product. Thus, the registered trademark of this case constitutes Article 7(1)11 of the Trademark Act.
3. Whether it falls under Article 7 (1) 2 of the Trademark Act
The instant registered trademark “” is a mark consisting of the combination between the Korean language “” and the Chinese language “”. “A” means, as recognized by the Plaintiff, the highest authority of the Korean medicine during the Joseon Dynasty as well as a deceased person who is well-known deceased person as the author of the first letter of consent, and “A” means, “A” means, “A” in case where a family member was affiliated with a family member in a family system (a) under the Family System (a) and establishes a single family (a) (a) in a case where the family member was affiliated with the family member, and “A” means, “A” means, “A” (see e.g., e., g., the house at which the family member had been affiliated with the family member in the family system (a) and the house at which the family member had been living in the first place, i.e., the house at which the family member had become the center, and the family member’s family member’s family member’s family member’s family.
Therefore, the registered trademark of this case, which combines “ ” and “ ”, shall be deemed to refer to the origin of the well-known deceased person. Since the Plaintiff, the holder of the right to register of the registered trademark of this case, has no connection with “ Mana,” the registered trademark of this case falls under Article 7(1)2 of the Trademark Act, which falsely expresses a relationship with a well-known deceased person.
4. Whether it falls under Article 7 (1) 4 of the Trademark Act
As seen earlier, “the” of the instant registered trademark “” is a well-known high-ranking person, who is the highest authorized person of oriental medicine during the Joseon Dynasty as well as the author of Hanmun’s letter of consent. The descendants are 20 years of age in order to honor the good morals and achievements of Han Man. There have been efforts by species and organizations among the doors, such as Yangcheon-Jeng and Han Jong-do Commemorative Association, etc., to promote the development of oriental medicine following their ideas and spirit, while engaging in various activities. However, it is difficult for those who are not related to the species to exclusively use the trademark “,” which is recognized as being closely related to the species, to impair the good customs of the general public, and thus, it is likely that the reputation of the goods might be undermined by impairing the good customs of the general public, and thus, it constitutes “the fair and good customs and good customs of the instant registered trademark” as well as the designated goods of the instant case, which are related to the rice sales order.
5. Conclusion
Therefore, the registration of this case shall be invalidated without any further determination as to the remaining points because the registered trademark of this case falls under Article 7 (1) 2 and 7 (1) 4 of the Trademark Act. Thus, the decision of this case is legitimate in conclusion, and the plaintiff's claim seeking revocation is dismissed as it is without merit. It is so decided as per Disposition.
Judges Lee Jae-chul (Presiding Judge)