등록무효(상)
1. The decision made by the Intellectual Property Tribunal on January 17, 2018 on the case shall be revoked.
2. The costs of the lawsuit are assessed against the defendant.
1. Basic facts
A. The Plaintiff’s original registered trademark of this case was registered by Escom Ltd. (hereinafter “Escom”) upon filing an application for trademark registration. On June 1, 2017, the trademark transfer registration was completed on the ground of transfer to the Plaintiff.
The filing date of the instant registered trademark (A2 and 3) 1/registration date/registration number: The filing date of the instant registered trademark (A2 and 3) / the registration date/registration number: May 15, 2013/ 10, May 10, 2017 / Of May 24, 2017 (No. 125371-2) the former gender: 3) the designated goods of category 9: Maws, Maspboards, computers, computer monitors, computer monitors, computer monitors, computer discs, disks, computer discs, disc kickbs, computer kibs, computer kibs, display boxes, digital disc, portable electronic disc, street tamp, street play, computer software, software software, sound recording apparatus, sound recycling apparatus, sound recording apparatus, sound recording apparatus, MP3300 or digital data storage device function of the type of goods.
B. The pre-use trademarks of the former pre-use trademarks 1 and 2 and the pre-use trademarks 3 are keyboards, Maices, Nowon-gu Schooling, Nowon-gu Schooling, Nowon-gu Schooling, Nowon-gu Officeing, CPU clocks, Hphones, HCs, and wheels, etc.
C. 1) On June 29, 2017, the Defendant: (a) against the Plaintiff, the right holder of the instant registered trademark, the Intellectual Property Tribunal; and (b) against the Plaintiff, the instant registered trademark constitutes Article 7(1)9 of the former Trademark Act (wholly amended by Act No. 1403, Feb. 29, 2016; hereinafter “former Trademark Act”) on the same or similar basis as pre-use trademarks and their marks and products recognized remarkably by consumers as indicating another person’s goods.
In addition, the registered trademark of this case is identical or similar to the pre-use trademarks, which are recognized as indicating the goods of a specific person in the Republic of Korea, and their marks and designated goods.