등록무효(상)
1. The decision made by the Intellectual Property Tribunal on May 30, 2018 by the Intellectual Property Tribunal on the case shall be revoked.
2. The costs of the lawsuit are assessed against the defendant.
1. Basic facts
(a) The date of application of the instant registered trademark/service mark (1) / the date of decision of registration / the date of priority/registration / the date of priority/registration : D/ E/ September 16, 2013 : (3) designated goods/designated service (attached Form).
(4) Final right holder: Intervenor succeeding to the defendant (registration for the transfer of all rights by transfer from the defendant of the right holder on August 2, 2018)
(b) First Used Trademark (1) Marks: Products using mit (2) : Corresponding agents, pins, pins, pins, racks, and scins;
C. (1) On November 16, 2016, the Plaintiff asserted that “The right holder of the instant registered trademark/service mark (hereinafter “instant registered trademark”) was unaware of the intention of use of the trademark, and thus constitutes Article 3 of the Trademark Act (wholly amended by Act No. 14033, Feb. 29, 2016; hereinafter “former Trademark Act”). In addition, the instant registered trademark is likely to cause misconceptions about the source of the trademark as it is identical or similar to the pre-use trademark, the trademark, and the product/service widely known as indicating the goods and service of a specific person at home and abroad, and thus, it constitutes a trademark applied for unjust purposes, such as seeking unfair profits, and thus falls under Article 7(1)11 and 12 of the former Trademark Act.” In so doing, the Plaintiff claimed for a trial against the registration invalidation of the instant registered trademark (hereinafter “instant registered trademark”).
(2) It is difficult to readily conclude that the Intellectual Property Tribunal had no intention to use the instant registered trademark on May 30, 2018 to Defendant (ex officio). Thus, the instant registered trademark does not fall under Article 3 of the former Trademark Act.
Furthermore, it can be recognized that the pre-use trademark is indicating a specific person's trademark or goods/services between domestic or foreign consumers at the time of the filing date of the registered trademark of this case as well as at the time of the decision of registration.