등록무효(상)
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Presumed factual basis
(a) The filing date of the instant registered trademark (Evidence A 2 and 3) 1 / the filing date of the decision of registration / the registration date / the registration date: C//D/E 2 / the former designated goods: 3) the designated goods classified into category 43: the holder of the trademark right
(b) First Used Trademark (Evidence 5) 1: 2) Use service: The plaintiff; the reservation management platform industry 3 users; the plaintiff;
C. On February 13, 2019, the Plaintiff filed a petition for a registration invalidation trial against the Defendant, who is the owner of the instant registered trademark, with the Intellectual Property Tribunal on the ground that “The instant registered trademark constitutes Article 34(1)13 of the Trademark Act in relation to the Plaintiff’s pre-use trademark, and its registration should be invalidated.” (2) The Intellectual Property Tribunal deliberated on the instant petition for a trial as the case No. 2019Da514, and on December 3, 2019, it cannot be recognized that the Plaintiff’s pre-use trademark was known to the Republic of Korea or foreign consumers as a trademark indicating the goods of a specific person at the time of filing the application for the instant registered trademark, and there is no other evidence to acknowledge otherwise, without examining the remaining requirements, the instant registered trademark is dismissed on the ground that it does not fall under Article 34(1)13 of the Trademark Act.”
【Grounds for Recognition】 Each description of evidence Nos. 1, 2, 3, and 5 and the purport of the whole pleading
2. Summary of the grounds for revoking the trial decision by the Plaintiff’s assertion
A. At the time of determining the registration of the instant registered trademark, the pre-use trademark was known as the Plaintiff’s trademark with regard to the pre-use trademark and the designated goods of the instant registered trademark in the same manner as the pre-use trademark and the designated goods of the trademark, and the consumers are confused with each other, thereby causing confusion as to the source.