2. Determination

(a) If a trademark is registered, there is a ground for invalidation of the registration;

Even if the registration is declared null and void by a trial, the right to the registered trademark is held as it is until it becomes final and conclusive.

If a trial decision invalidating a trademark registration becomes final and conclusive, the trademark right shall be deemed never to have existed (the same shall apply to the trademark before it was wholly amended by Act No. 14033, Feb. 29, 2016) unlike the time when a trial decision revoking the trademark registration becomes final and conclusive or the trademark right is cancelled.

(3) Article 71(3) of the former Trademark Act provides that the time when a trial decision on invalidation or invalidation of a right has become final and conclusive as one of the grounds for retrial (Article 420 subparag. 6 of the Criminal Procedure Act) with respect to a case which was pronounced guilty of a crime infringing a trademark right, even if an act infringing a trademark right of another person was conducted before a trial decision to invalidate a trademark right becomes final and conclusive, if a trial decision to invalidate a trademark registration becomes final and conclusive, the trademark right that was infringed was not established from the beginning. Thus, such act cannot be deemed as a trademark infringement under Article 93 of the former Trademark Act.

(See Supreme Court en banc Decision 93Do839 delivered on May 16, 1996). B.

According to the following facts, the records of this case were added to the evidence of this case, and the service mark registered by F Co., Ltd. as stated in the facts charged was null and void and did not exist from the beginning. The defendant's act as stated in the facts charged is not a violation of the above company's service mark right.

(1) Co., Ltd. F shall be December 2010.