Seocho-gu Seoul

The name of the representative director, the name of the representative director, and the public;

Law Firm Man-woo, Attorneys Cho Jong-hee et al.

United States of California

Representative v. Chang (anny D. Chang)

Daegu Northern-gu

Patent Attorney Kim Jong-hee, Counsel for the defendant-appellant

Attorney Lee Jong-young, Counsel for the plaintiff-young

2. The plaintiff's remaining claims are dismissed.

3. Three minutes of the litigation shall be borne by the plaintiff and the remainder by the defendant's successor respectively.

A. The registered trademark of this case

(1) Date of application / Date of decision of registration / Date of registration / Number of registration: August 9, 2003 / May 23, 2005 / August 22, 2005

(2) Composition: EXR

(3) A trademark right holder: A defendant succeeding intervenor (limited to a defendant (the withdrawal, hereinafter referred to as the "defendant") on May 16, 2007, which became a trademark transfer registration to a defendant succeeding intervenor).

(4) Designated goods: Gags for sports, letters, glass, ordinary sags, sags, sags, sags, sags, sags, sags, sags, sag

B. Pre-use trademarks (service marks)

① 구성이엑스알 ④ 선사용상표 2 : E•X• R : 이엑스알 ② 선사용서비스표 4. EXR

② From around August 2001, the Plaintiff produced and sold the pre-use trademarks 1 and 2 attached with the pre-use trademarks 1 and 2, and 1. B. 3XR 6, the pre-use trademarks 1 and 3. The Plaintiff registered the pre-use trademarks 3 and 4 with respect to the pre-use trademarks 1 and 3 and 3 and at least 5 and 6 of the pre-use trademarks ; the pre-use trademarks 5 and 6 were attached with the pre-use trademarks ; and the trademark registration is applied for trademark registration with respect to the pre-use trademarks 1, 2A from October 201, 200, at least 3 and 4, the pre-use trademarks 1, 2A, and 5 and 6 of the pre-use trademarks.

C. The procedural background

The Plaintiff filed a petition with the Defendant for a trial seeking invalidation of the trademark registration on the ground that the instant registered trademark falls under Article 7(1)4, 9, and 12 of the Trademark Act. After having deliberated by the Intellectual Property Tribunal as 2005Da2180, the Korean Intellectual Property Trial and Appeal Board (hereinafter referred to as “service business”), there is an economic correlation between the goods (hereinafter referred to as “goods”) using pre-use trademarks designated by the instant registered trademark on May 1, 2006.

The pre-use trademarks cannot be seen as being well known and well-known in Korea at the time of the decision to register the trademark of this case, and the registered trademark of this case cannot be deemed as being used for an unlawful purpose, and it cannot be readily concluded that the defendant imitated the registered trademark for the purpose of taking advantage of the reputation of the pre-use trademarks. Thus, the registered trademark of this case was dismissed on the ground that it does not fall under Article 7(1)4 and 9 through 12 of the Trademark Act.

[Evidence] Evidence Nos. 1 through 8, Gap No. 17, 18, Eul No. 1, and all purport of oral argument

2. Summary of the grounds for revoking the trial decision asserted by the Plaintiff

A. The registered trademark of this case is widely known to the general consumers or traders in Korea, and its marks are identical or similar to the pre-use trademarks that have been widely known and famous in Korea, their designated goods are identical or similar to each other, or are economically related. The defendant imitated them for the purpose of taking advantage of the value of the pre-use trademarks and applied for the registered trademark of this case.

B. Therefore, the registered trademark of this case falls under Article 7(1)4, 9, and 12 of the Trademark Act and its registration is null and void.

3. Determination

A. Criteria to determine whether the registered trademark of this case constitutes Article 7(1)11 of the Trademark Act (1)

If a registered trademark is likely to mislead consumers as defined in Article 7 (1) 11 of the Trademark Act, the registered trademark or the goods using the pre-use trademark or the goods thereof, which are compared to the registered trademark, are not necessarily required to be well-known, and if it is a trademark or goods to be known to domestic consumers or traders, it can be recognized as a trademark or goods of a specific person. In such a case, a trademark identical or similar to the pre-use trademark is used in the same or similar goods as the goods using the pre-use trademark, or a trademark is identical or similar to the pre-use trademark, or any other trademark is used in the same or similar goods as the pre-use trademark, and in light of the specific use condition of the pre-use trademark or the economic relation between the goods using both trademarks and other general transaction circumstances, it should be deemed that there is concern for consumers to mislead or confuse the source (see Supreme Court Decision 2006Hu3484, Jun. 9, 2006).

The following facts can be acknowledged in full view of the whole purport of the pleadings in each statement of Gap evidence Nos. 17 and 18, although there is no dispute between the parties, or in full view of the whole purport of the pleadings.

① The Plaintiff, from around August 2001 to around 200, produced and sold 1,200,000 won pre-use trademarks from around 2, 201 to around 500,000 won, such as 1,20,000 won of pre-use trademarks, 5,60,000 won of clothes and shoes attached from around January 2004 to pre-use trademarks 5 and 6, and at least from around 2,00,000,000 won of them (from around 3 and 4, 200,000,000 won of pre-use trademarks from around 2, 200,000 won to around 2,50,000 won of them, 2,000,000 won of them, from around 2, 200,000 won of them

4. By up to four years, at least approximately twenty thousand won in total. 2,23.28 billion won.

② As advertising expenses for pre-use trademarks, the Plaintiff spent approximately 11.5 billion won in total for four years from 2001 to 2004, including about 1.4 billion won in 2001, about 1.42 billion won in 2002, about 3.64 billion won in 2003, about 6.3 billion won in 2004, and about 1.5 billion won in total for four years from 2001 to 2004.

③ On May 28, 2003, the article stating that “The brand representing the domestic glas culture shows a high growth rate of EXR, which is the snow of typhoon in the industry,” and the article stating that “The industry is flick with the snow of typhoons.” < Amended by Act No. 6948, May 28, 2003>

12. 1. Along with the 0th 0th 1st 2nd 0th 0th 0th 0th 0th 0th 6th 6th 6th 6th 0th 0th 0th 0th 0th 00 0th 00 0th 00 0th 1st 00 0th 1st 00 0th 1st 00 0th 00 0th 1st 2000 0th 1st 5th 1st 00 0th 1st 200 0th 1st 5th 2th 200 0th 1st 6th 6th 1st 6th 6th 1st 6th 6th 1st 200 0th 2nd 1st 6th 00 0th 1st 6th 1st 200 2nd 2nd 3th 3th 1st 3th 00.

(3) Whether the mark is similar

The registered trademark of this case is a character trademark consisting of 'EXR'. The pre-use trademark 1 and 3 is a character trademark consisting of 119 in Korean. The pre-use trademark 2 is a combination trademark of L's "1." The pre-use trademark 4 and 5 are the same as the pre-use trademark 'EXR' under the direct bottom of 'EXR'. The pre-use trademark 6 is a combined trademark such as 'EXR' under the above, 'EXR'. The pre-use trademark 6 is composed of 2 or more different shapes, 'EXA' and 'EXR' as well as 'EXR', 'the first-use trademark 5' and 'the first-use trademark 1' as the English character of 'EXM', 'the first-use trademark 2' and 'the similar trademark 5' as its appearance, and 'the first-use trademark 5' and 'the similar trademark 5'.

Next, according to the name, the registered trademark of this case is written in the order of English letters E, X and R, and it is written in the order, and therefore, it is called 'EEM' as recorded in the Korean language. First Used Trademark 1 and 3 are called 'EEM' as recorded in the Korean language, and First Used Trademark 2, 4, and 5 are called 'EEM' as indicated in the registered trademark of this case. First Used Trademark 6 cannot think of the name from the figure, and it cannot be seen as 'EEM' from among the letter portion (FNCITRON MAEITSF) as well as 'EM' only with a relatively large portion written in the central part of the figure, and in case of that, 'EM', 'EM' can be seen as 'EM'.

Therefore, the registered trademark of this case is similar to the pre-use trademarks 2, 4, 5 and its appearance, and all of the pre-use trademarks are identical with the pre-use trademarks. Thus, the registered trademark of this case and the pre-use trademarks of this case are similar marks in light of the whole, separation, and objective.

(4) Compared to the designated goods of the registered trademark of this case to the designated goods of the registered trademark of this case (A). Among the designated goods of the registered trademark of this case of this case, the scamet is similar to the scam, scam, scam, panty pande, and scams among the goods used by the pre-use trademarks 5 and 6. (b) The healthy goods of the registered trademark of this case of the registered trademark of this case are not similar to the scam, stitts, scams, probrugs, probrugs, probrugs, probg, proton, proton, proton, proton, proton, proton, proton, proton, proton, skic acid, skin, scam, and shoes

(C) Of the designated goods of the instant registered trademark, the articles used as a visual tool or its accessory used to supplement the visual vision or to protect snow from luminous lines, among the goods of the instant registered trademark. On the other hand, the goods designated as the goods of the pre-use trademarks, such as stampers, strings, double-booms, light bags, mountain bags, skids, skids, skids, skids, swimmings, swimmings, swimmings, and swimming clothes, etc., are clothing, decorations, bags, bags, and skis, and the goods designated as the goods of both trademarks are not identical and similar.

① Examining the various designated goods of the instant registered trademark, the recent trend of tegrasium and grasium has been manufactured and sold not only clothes, shoess, but also sports classicals, and grasiums (i.e., manufacturing and selling gras from egs and Arabics, according to the respective descriptions of Nos. 9 and 10), sports players or general public wear gras for the purpose of preventing grasium from using grasiums and grasiums when they do so (see evidence No. 11). In addition, it is difficult for them to wear grasiums and grasiums, which are similar to those of the instant registered trademark, to use grasiums and grasiums, and to use grasiums and grasiums, which are similar to those of the instant registered trademark, and to use gnas and grasiums and gras, which are similar to the instant registered trademark.

② On the other hand, among the designated goods of the instant registered trademark, the equipment used through eye to assist the incomplete vision and its accessories. While the common eye is manufactured by opticians who acquired a license under the Medical Technicians, etc. Act and sold at eyeglass shops operated by opticians (see, e.g., Article 3, 4, 12 of the Medical Technicians, etc. Act), the designated goods of the prior registered trademark are clothes, armors, bags, shoes, etc., and are not restricted by the manufacturer or seller, and the consumers are all citizens regardless of their vision. As such, among the designated goods of the instant registered trademark, the ordinary eyes, eyes, eyeglassess, eggs, eyeglassess, eyeglassess, and eyeglasses lines are different from the designated goods of the prior registered trademark, their raw materials, use, producers, sellers, consumers, etc., and as a whole, there is no economic relation.

③ The Plaintiff asserts that, in light of the recent trend of euthanasia, euthanas and clothes, shoess, bags, etc., have an economic connection relationship with each other. According to the descriptions of evidence Nos. 13, 14, 15, and 16, the Plaintiff recently stated that the Internet shopping mall was sold together with the d & spop and spop, bags, etc. (the evidence No. 13 and No. 14 did not appear, and the time is not known). The news camera "I" was classified into "Ispopicization, especially in the recent years, rather than medical supplies," and "Ispopic spopic spopic spopic spopic spheric spheric spheric spheric spheric spheric spheric spheric spheric spheric spheric sphert."

. It is currently in the process of internal review the direction of the development by combining the world trend of the fashion industry with the "Sari or fashionization" under the brand of the "Sari," in addition to the Anariness test. It is possible to recognize the facts stated as "." However, as seen in the above ② There are different materials, use, producers (not evidence of manufacturing clothes, shoes, shoes, banks, etc. in the Anariness test) and consumers, and there is no economic relation between them. Thus, the above assertion by the Plaintiff cannot be said to have any mutual economic relation solely on the ground that the goods, etc. are sold at the Anarinet shopping mall together, the trend of the pathization and the trend of the pathying and the fact that the pathy test and the pathy are sold together, and therefore, the above argument by the Plaintiff is groundless.

(5) Sub-decisions

Therefore, since the registered trademark of this case among the designated goods is likely to deceive consumers in relation to the pre-use trademarks, the registered trademark of this case constitutes Article 7 (1) 11 of the Trademark Act.

B. Whether the remainder of the designated goods of the registered trademark of this case has grounds for invalidation or invalidation of the registration of the remaining designated goods of the registered trademark of this case, we examine whether the general light light light light light, sag, sagh, sagh, sagh, sagh, sagh, sagh, and sagh, and sound place of the registered trademark of this case fall under each subparagraph of Article

In order for the registered trademark of this case to fall under Article 7 (1) 4 of the Trademark Act in relation to the pre-use trademark, the pre-use trademark should be widely known and well-known domestically (Supreme Court Decision 2002Hu1362 Decided May 14, 2004, etc.), 9, and 10, the pre-use trademark should be widely known and well-known (No. 9), at the time of the application of the trademark of this case, to fall under subparagraph 12 of the same paragraph. In order to fall under subparagraph 12 of the same paragraph, the pre-use trademark should be clearly recognized as a specific person's trademark between domestic or foreign consumers (the above Supreme Court Decision 2002Hu1362 Decided, etc.). However, as examined above, the pre-use trademark of this case did not reach the extent of well-known, well-known, or well-known, at the time of the decision to register the trademark of this case, and it does not meet the requirements of Article 10 (1) 14) of the Trademark Act.

C. Sub-committee

Among the designated goods of the registered trademark of this case, sports classical books, glass, and glass diskettes fall under Article 7 (1) 11 of the Trademark Act in relation to the pre-use trademarks and their registration should be invalidated. The remaining designated goods are without any grounds for invalidation of registration under Article 7 (1) 4, 9, and 12 of the Trademark Act. Since the decision of this case differs in part, its revocation cannot be avoided due to its illegality.

5. Conclusion

Therefore, since the plaintiff's claim seeking the revocation of the decision of this case is well-grounded with respect to sports classicals, glass, and swimming pockets among the designated goods of the registered trademark of this case, part of the claim is accepted, and the remaining claims are dismissed as it is without merit, and it is so decided as per Disposition.

Judges Kim Jong-soo

Judges Kim Jong-soo

1. First Used Trademark 1

(1) Date of application / Date of registration / Number of registration: August 4, 2001 / October 1, 2002/ No. 531439

(2) Composition: X-ray.

(3) Designated goods: portable cosmetic cases (those not containing contents), light acid bags, back bags, and keeping them.

Bags, document bags, travel bags, student bags, handbags, mass products, wellbags (Classification of goods of Category 18)

Francs, sandbs, slots, slidess, scamets, sweets, Titts, straws, booms, maws, maws

(Classification of goods, Category 25)

2. First Used Trademark 2

(1) Date of application / Date of registration / Number of registration: August 4, 2001 / October 1, 2002/ No. 53140

(2) Composition: EXR

(3) Designated goods: portable cosmetic cases (those not containing contents), light acid bags, back bags, and keeping them.

Bags, document bags, travel bags, student bags, handbags, mass products, wellbags (Classification of goods of Category 18)

Francs, sandbs, slots, slidess, scamets, sweets, Titts, straws, booms, maws, maws

(Classification of goods, Category 25)

3. A prior-use service mark 3;

(1) Date of application / Date of registration / Number of registration: October 17, 2001 / May 9, 2003/ No. 86153

(2) Composition: X-ray.

(3) Designated services: Clothing sales agent, sales agent, sales agent, sales agent, sales agent of credit-gu, and bags.

agency business, clothing sales brokerage business, shoes sales brokerage business, credit-gu sales brokerage business,

Gabage sales brokerage business, data provision business via the Internet, commercial information provision business (libin fee)

Category 35, classification of S business

4. Prior-use service mark 4

(1) Date of application / Date of registration / Number of registration: October 17, 2001 / May 9, 2003

(2) Composition: EXA

(3) Designated service business: Clothing sales agency business, new category sales agency business, long-term credit-term sales agency business, and home page sales board.

agency business, clothing sales brokerage business, sales brokerage business for shoess, and credit-gu sales brokerage business;

Gabage sales brokerage business, data provision business via the Internet, commercial information provision business (libin fee)

Category 35, classification of S business

5. First Used Trademark 5

(1) Date of application / Date of registration / Number of registration: May 13, 2003 / August 23, 2004/ No. 590910

(2) Composition: EXA

③ Designated goods (part of designated goods were registered on February 28, 2005 and January 13, 2006):

Portable cosmetic cases (those not containing contents), light bags, bags, bags, keeping

Bags, document bags, travel bags, student bags, handbags, pic acids, probags, lebags, Bostons

0.0.0.00.00.00.00.00.000.000.000.000.000.

Es, Bridges for travel, Maglass (Classification of goods, No. 18)

Madern, sandbox, slocks, slidess, sweet, Sweet, Titts, bruts, bruts, marins, and matris

J. M. M.T. M. T. L. T. L. T. T. T. T. T. T. T. T. T. M. T. T. T. T. T. T.

Blosophishing, phishing, brus, vinyls, Skis, skis, skis, spaws, new spaws,

Dried uppers, honds for shoess, honds for shoess, honds for shoess and honds for shoess

-patching, camping, Esphache or sandbox, cats, catching, land games;

2.2 22 12 13 12 14 14 12 14 12 12 13 14

commercial skiing clothes, sports oaks ( Anork), leading clothes, Taekwondo clothes, riding booms, riding riding;

For the purposes of recovery of cotton, Lescot, net soil, sand, dust, Schlage, Socks (Socks), scocks, scocks;

Fresh, Gain (other than Anorak - physical use), children's uniforms, rabls (Oeverall);

Maccot, infant clothes, b bargaining slives, work clothes, paper clothes, knives (Chsables);

Kp (Pape), tower, chroke (Tuxedo), Tuxo, Trogas (Tuns), teunit, and Dong administration;

Maruma, shippers, low-stoves, Han-stoves, Han-dol, NAglycers, drings, CD-ROMs

Maz, Ethad, ethylene (Mantlas), brins, brine, Shaba, Shabab, Shabafe-grts, shackers;

Potsphert, inner, inner, inner, inner, Maurz, inner panty, Schlage (Chemis et al.), Schlage

Zs, Sweitts, Sweitts, swetets, sweitts, tyrts, nitas, knives, knives, knives;

The clothes, (Jerys), brus, cards, and knife protection knife (of note, Clolargs), knife

S, Kenyas (Chmisol), Cokes, Coslet (Corlves), and tanks within compactass,

Cocks, tedi (TD) Track, Track Track, panty pancking, Steck

( Petticoats ), 풀오버 ( Pullover ), 각반 ( 脚鮮 ), 넥타이, 땀흡수스타킹, 래그워

Muffs, mongings (Luffs), Maffs, anti-bandna (Bandana), ear dog for bandnas, butter

선, 버선커버, 베일, 보아 ( Boas ), 비전기식 보온용 발싸개, 숄, 숄더랩

(Sus rushs), headings for women, clocks (brings), scarf, straws, bars, strawing

Pockets for slouses, Tol (Dols), Yang Maber, Yang Uniforms handets (pocket)

squars), Equars, strawing for sports, straws for infants, and garments for clothing.

머니, 타이츠 ( Tights ), 퍼러린 ( Pelerines ), 관 ( 冠 ), 남바위, 망건, 모자챙

( Sun visors ), 베레모, 사교관 ( 司敎冠 ), 의류용 후드, 터번, 톱햇 ( Top hat ) ,

Golfization, fishing-making, farming-guation, sports-making, work-making, scambling, strawing, ebbbbbbbin, body

Mab uniform, school uniform, pulcot, Liberia, halfbago, anti-cot, Blutin, Paris, dubol;

Towing, lock, fac, facs, Pac, pac, Fac (Frocks), Hanbac, Mac, ma:

Manart, Southern Shirts, bathinging, Mauritts, Blouses, swimming clothes, swimming caps;

Supanty, sports stacks, sports racks, oil pumps for exercise, sporess, mitts, mitts, mitts;

E.Pa (Ascosts), Cheongba, Geliss (Pelisssss), compacts, e.g., e.bags and waterproof clothes;

Bats, garnments for clothing (Classifications of products No. 25)

6. First Used Trademark 6

(1) Date of application/registration date/registration number: January 3, 2004/ February 22, 2005/ No. 609231/

(2) Composition:

(3) Designated goods: Manix (garment), leathers, rubbers, high-tensions, golfizeds, old wharfs, brackers, etc.;

Fishing domination (Leels), farming grosation, gymization, back gymization (Heels), gymization, junization, raz, dymts, and trees

Blobbling sand, bathing slraw, reflectrs, bruts, brushing, bruts, vinyls, brushes

Business, sandbals, skiings, skis, slocks, spawals, spawals, spawals, spawals, back for shoess

- bends, honds, honds, honds and honds, reticulates, honds, honds, honds;

Esphache or sandbox, Maberm, Masst, Land Competition, Commercialization, Espherization, gymization, and examination of these;

Freshion, physical lighting, stalivation, commercialization, nkidation, handballing, gymnasium, gymnasium and sclive player movement;

Uniforms, water skiing clothes, gymnas ( Anork), fishing big clothes, leading clothes, physical clothes, and attitudes;

Dogdogs, horse-ridings, horse-ridings, horse-ridings, Myeongdogs, recovery of Myeongdogs, school uniforms, walcot, Libers

Libers, nets, reflects, anti-cot, Bloon, Saris, Saris, Saris, Saris;

Socks, scocks (Socks), scocks, slots (Scocks), scocks, scocks, Scocks, Scocks ( Anorak -

Except for sports purposes, children's clothes, dubanes, weddings, Overbls (Overall), Obert;

Hepices, infant clothes, b bargaining clocks, saves, work clothes, lockeds, saves, knbs

(Masuables), Cheongba, K (Aape), compcom, stoke, stoke (Tuxedo), and soil

(a) Tragas, slots, tubess, punics, paras, propelled Pelis (Peliss), and Fels

(Frocks), wintering, brush, mathing, satisf, satisf, single-satisf, single-speed clothes, flaf,

Happama, Maz, Maz, Southern Shirts, Maglycers, Drphishing Round, Maz, Maz.

Ethroid, ethyl (Mantlas), bathing rooms, brus, Bostons, Bobrus, brus, brus, tables

Mas, Shafags, Shacks-out, Shirts-fags, inners, Maurts, Maurts, pantys, water

Yong-and-child, candles, Simis et al. (Chemis et al.), Sweet, Sweet, Sweet

Pitts, Swepans, sports Shirts, swelts, swelts, ninishes for physical exercise, ninishes

D, clothing knife, knife, Jerseys, knife, knife, knife protection zone

(Cllar protecors), knovas, Calmisol (Calmisol), Chisol, and coslet.

(st) self-slets). Tanks, Tanks, teves, teves (Tedd Goods), Twits, Sarma, within the Competion;

panty Star, Petcats (Petcats), Posiuss, grassburts (Pullover), Titts, each of them,

반 ( 脚鮮 ), 넥타이, 땀흡수스타킹, 래그워머, 레깅스 ( Leggings ), 머프

(Maffs), spora, anti-Ba (andanda), ear for bandna, bandging cands, bandts, buter lines;

버선커버, 벙어리장갑, 베일, 보아 ( Boas ), 비전기식보온용 발싸개, 숄, 숄

Woo Sheb (Sus Traps), gym head scops, scops (brings), scopls, straws, scops, etc.

Dretainment part of the elballel, Tolu (Dol) , bima, bimast, bimaster, and paton hand for uniforms

Focks, Esca (Ascacots), Esca (Ascacots), straws for physical exercise, and for young children

직물제기저귀, 의류용호주머니, 타이츠 ( Tights ), 퍼러린 ( Pelerines ), 관 ( 冠 ) ,

Domine, Southern, Mafa, Mafa, Mafa, parent-and-child (Sun Traf), Befa, and private school personnel (libbs)

冠 ), 의류용후드, 터번, 톱햇 ( Tophat ), 방수피복, 가터 ( Garters ), 대님, 스

Trucking pents, pors, pors, clothes, leathers (Classifications of products No. 25)