2. The costs of the lawsuit are assessed against the defendant.

A. Registered service mark of this case

(1) Registration number/application date/registration decision date/registration date/registration date/registration renewal date: (Registration Number omitted)//registration date of August 26, 1997/ October 30, 1998//registration date of December 31, 1998. < Amended by Presidential Decree No. 15983, Jul. 31, 2008>

(2) Composition:

(3) Designated service business: as shown in [attached Form].

B. Details of the instant trial decision

(1) On December 17, 2010, the registered service mark of this case against the defendant in the Intellectual Property Tribunal is "designated service 1". The designated service 1 was "designated service 2" in relation to the "designated service business, book editing business, and DVD editing business (hereinafter the above designated service business was determined and registered on November 28, 2008) and personal professor business, education and research business, educational information provision business, child care center business, and home university school business (hereinafter the above designated service business "designated service 2". The designated service 2 was decided on April 21, 2009 and registered on May 18 of the same year (hereinafter the designated service business 1 and 2 combined) (Article 6 (1) 1 through 3 and 7 of the Trademark Act, Article 18 (1) of the former Trademark Act (amended by Act No. 1794, Jul. 17, 2007); and Article 5 (1) 1 of the former Trademark Act (amended by Act No. 8197, Jan. 7, 7, 2007).

(2) On December 8, 2011, the Korean Intellectual Property Tribunal rendered the instant trial ruling dismissing the Plaintiff’s request on the grounds that the instant registered service mark does not fall under each of the foregoing provisions regarding the instant designated service business.

[Grounds for recognition] Nos. 1 and 2, and the purport of the pleading

2. The plaintiff's primary assertion

(a) Claims related to the designated service business 1;

The registered service mark of this case asserts that there are grounds for invalidation of registration of the following relation to the designated service 1 whose registration is determined and registered as the conversion of the classification of goods on November 28, 2008:

(1) Articles 6(1)3 and 71(1)5 of the Trademark Act

If the registered service mark of this case is used for the designated service 1 at the time of the initial decision for registration, it is directly sensitive to general consumers to publish or edit books or DVD containing the Montreal Education Act. Thus, it constitutes Article 6(1)3 of the Trademark Act.

Even if the registered service mark of this case was not a technical mark at the time of the decision on initial registration, the content of books or DVD was directly known to ordinary consumers when the registered service mark of this case is used at the time of the decision on the instant case, and thus, constitutes Article 71(1)5 and Article 6(1)3 of the Trademark Act.

(2) Articles 6(1)3 and 71(1)5 of the Trademark Act

The registered service mark of this case is not only a mark widely used by a large number of people in order to indicate that it is the teaching tools and teaching materials used in the Montreal doctrine at the time of the initial registration decision, but also a mark that is not suitable to allow persons who research and practice the Montreal Education Act, and who produce and sell relevant teaching tools and teaching materials to freely use it, and thus, constitutes Article 6(1)7 of the Trademark Act.

Even if the registered service mark of this case was not at the time of the initial decision on registration, a number of enterprises that research and conduct Montreal education, produce and sell relevant teaching materials and teaching tools, use them free to those persons, and use them free to any third person. Thus, the registered service mark of this case constitutes Article 71(1)5 and Article 6(1)7 of the Trademark Act.

B. Claims regarding designated service 2

The registered service mark of this case is subject to registration of additional services on April 21, 2009, and the following grounds for invalidation of registration exist in relation to the designated service 2 that was registered on May 18, 2009:

(1) Articles 6(1)1 and 6(1)2 and 71(1)5 of the Trademark Act

The Montreal Education Act is widely known to ordinary consumers at the time the designated service business 2 is added to the registered service mark of this case. The registered service mark of this case is not an indication of source indicating the service of a particular company, but an ordinary name or an official mark referring to the Montreal Education Act and teaching instruments and teaching materials, and constitutes Article 6(1)1 or 2 of the Trademark Act.

Even if it is partially weak at the time of the decision of this case, even if the registered service mark of this case is recognized as distinctiveness, the service mark including "monme" is used in conducting education at least 600 child care centers across the country and at least 15 kindergartens, and at least 1,00 child care centers, teaching equipment manufacturers, etc. using the trade name including "monme" across the country, and at least 1,000, there are no distinctive character distinguishing the source of the service mark of this case. Thus, the registered service mark of this case does not fall under Article 71 (1) 5, Article 6 (1) 1 or 2 of the Trademark Act.

(2) Articles 6(1)3 and 71(1)5 of the Trademark Act

At the time of the registration of the instant registered service mark 2 additional registration of the designated service business, the term “monme” was widely known as referring to a specific early childhood education rather than a service mark indicating the source of self-supporting service to consumers, such as early childhood education workers and manufacturers of teaching materials and teaching materials, and thus, the registered service mark of this case is a technical mark referring to educational contents when used in designated service 2, and constitutes Article 6(1)3 of the Trademark Act.

Even if it is not so, at least based on the time of the decision of this case, the registered service mark of this case constitutes Article 71(1)5 of the Trademark Act and Article 6(1)3 of the Trademark Act, since it uses a trade name or service mark containing a mark of "mon theme" in a large number of early childhood education research institutes, child care centers, school facilities, and manufacturers of teaching materials, general consumers are referred to as "mon themeology" in the method or content of early childhood education.

(3) Articles 6(1)7 and 71(1)5 of the Trademark Act

The registered service mark of this case is a mark practically widely used to indicate that a number of people, such as Montreal an early childhood education research institute, child-care center, teaching materials, and teaching materials and teaching materials, are “monme” or teaching materials and teaching materials, at the time of the decision of additional registration of the designated service 2. As such, the registered service mark of this case is a mark that is inappropriate to grant free use to a person who conducts research and practice the Early Childhood Education Act and manufactures and sells teaching materials and teaching materials and tools related thereto, and thus, constitutes a mark that falls under Article 6(1)7 of the Trademark Act.

Even if not, at the time of the instant trial decision, a number of enterprises that research the Montreal test early childhood education, and produce and sell relevant teaching materials and teaching tools are used, and such persons should be allowed to freely use such materials and teaching tools, and public interest is not appropriate to grant a specific person exclusive license. Thus, such marks fall under Articles 71(1)5 and 6(1)7 of the Trademark Act.

3. Determination as to whether the registered service mark of this case falls under Article 6 (1) 7 of the Trademark Act

A. Criteria for judgment

Article 6(1)7 of the Trademark Act provides that "a trademark, other than those referred to in subparagraphs 1 through 6, which does not enable consumers to distinguish whose goods it indicates in connection with his business, means a trademark which does not fall under any of subparagraphs 1 through 6 of the same Article, but whose source between his goods and other goods cannot be registered. Whether a trademark has no distinctiveness is determined objectively on the basis of the time of decision to register the trademark, taking into account the concept of the trademark, the relationship with the designated goods and the circumstances of the trade society, etc. If it is difficult to recognize the distinctiveness of the goods of the other under the social norms or it is deemed inappropriate for consumers to recognize the distinctiveness of the goods of the other goods in the public interest, and such a legal principle applies likewise to a service mark pursuant to Article 2(3) of the Trademark Act (see Supreme Court Decisions 2008Hu4721, Jul. 29, 2010; 202Hu326, Mar. 10, 2011).

B. Specific determination

(1) Facts of recognition

In full view of the entries and arguments set forth in Gap's 3 through 6, 13 through 15, 20 through 26, 28, 31 through 33, 36, 53, 55, 57 through 62, 66, and 79 (including each number), the following facts may be recognized:

(A) The meaning of the Montreal Education Act and its introduction into Korea

1) The Montreal Education Act is an alternative characteristic of the fact that “Maria Montreal Monsia Monsia”, who is an education of Italian, is the Early Childhood Education that opposed to the conventional authoritative education in around 1907, is the early childhood education that has created children’s own activities thoroughly in the organized environment, as well as the special bridge for the sense of sense, so that children may freely use them, and that only teachers shall act as a good protector so that children can have independence. The Montreal Education Act has a large trend of early childhood education to make it widely known, and the Montreal Education Act has a great impact on each country of the world (No. 3 through No. 6).

2) The Montreal instruments used for Montreal education are “mon themeology”. The term “mon themeology” is characterized by the features such as being produced to make it possible for infants to have a varietyed area by themselves according to their colors, sizes and forms, so that they can be able to correct errors by themselves, enabling independent learning by themselves, and making it easy to establish the concept of teaching instruments by establishing only one characteristic, and making it easy to form it (Evidence A 57).

3) On the Internet homepage of the National Assembly Library searchs data related to Montreal, ① 124 copies from 1975 to 124 copies, ② 244 degrees from 1975 to 148 academic papers are searched, ② 65 copies from 1980 to 1970, ② 175 degrees were searched, ③ 179 degrees were searched from 1977 to 179 academic papers were searched, ③ 179 degrees were published, ③ 197 to 209, 1981 to 35, 1987 to 4, 1987, 198, 1 to 9, 1 to 9, 1 to 197, 1 to 9, 1 to 9, 1 to 5, 1 to 1 to 3, 1 to 1 to 1 to 5, 1 to 1 to 1 to 1974, 2 to 1 to 3, to 1 to 1 to 1 to 1 to 97.

4) When searching “monme” on the “Niber News Liberian website,” which was published before 199, by gathering three central daily economic newspapers as PDF files, many articles including the articles prior to the application of the registered service mark of this case are searched (No. 36).

The actual accounts of the Republic of Korea on August 8, 1920: Montreal Doz., Doz., Doz., as the Montreal Doz. may be followed and trained.

The actual tax rate of the Montreal on August 9, 1920: It shall be the best way to deny the Montreal as an education law.

The results of the study of tendency on September 7, 1960: Each class of study shall hold the opinion of the second doctor's degree of language, and the recent Madnasium held by the Conference of the Montreal.

In May 5, 1971, the actual results of the 1971 trend test are as follows: In-depth education that does not give rise to the refusal of the International Young School, it attempts and effects the Montreal et al.

On June 18, 1971, the actual results of the review of tendency: The Seoul International Infant Care Center (One Montreal School) shall be found and reviewed. The first Montreal class adopted the method of education in Korea.

The substance of the General Data on October 23, 1979: Montreal instruments designed to help children develop their language.

On November 26, 1979, the German Cultural Institute provided a series of lectures on the motive and education in both days. The Montreal therapy education method was adopted.

In the case of Korea, according to the Montreal Guide Survey and Research Act, the actual tax rate is limited to the early education of all-aged children until now, but it is possible to read and use them, although it is possible to read and use them.

The daily economy of November 13, 1982: after receiving a one-year course of the Montreal Early Childhood Education, conducted on the upper ground, as the one-year course. Foreigners in Korea in 63 years have opened the Montreal School Act, which is an educational institution for children between 3 and 6 years of age on this ground.

The actual tendency test on March 8, 1983: even on some apartment complexes in the United States, the Montreal Educational Organization developed to promote intellectual development of low-working infants without expert guidance.

The Doz. on June 5, 1984: Doz. Doz. Doz. (hereinafter referred to as the "Woman Convention") took part in children of Gomon et al. and find the form of Doz.

On November 15, 1989, the actual tax rate: Education, including children's behavioral guidance, Montreal, children's early childhood education, diseases, first aid, etc., twice a week, every six months.

The actual contents of the tax invoice of May 16, 1990: The children's behavior guidance lecture of the children's behavior guidance twice a week every six months.

The actual tax amount shall be received from the Montreal Egyptian Egyptian on December 15, 1990 = From 17th to 12th January 91, 191 by the Gomanian Egyptian Korean Lifelong Education Center.

The actual accounts of the Doz. on March 16, 1991: Montreal Education = For those women aged 20 to 55 with high school career or higher, the Montreal Education for those children aged 20 to 6 months or in one-year course.

The actual contents of the tax shall be as of July 14, 1991: Seocho-gu Monmon Gu, Seocho-gu.

The actual tax rate of Korea on December 1, 1991 shall be as follows: Montreal Rotten Early Childhood Education Students

The actual accounts of the Doz. on February 17, 1992: CBS Epic Broadcasting Center of the CBS Epic College, and Montreal Education Center of the Montreal Institute.

On March 26, 1992, the Korean Doctrine Examination has been provided with Montreal Guctrine, etc.

The actual accounts of the Korea-Japan on February 3, 1993: The members of the Gangnam-gu Seoul Metropolitan Government Symon Gu Zomania

On June 22, 1994, the actual accounts of the Korea National University Education Graduate School of the Korean National University.

The actual accounts of the 13 August 13, 1994: Montreal curriculum, in particular, is to invite experts for each territory and to provide practical training services on every Saturday.

The actual tax rate of August 18, 1994: Private teaching institute publishing companies/ Montreal table 200 (Advertisements)

The actual accounts of the Republic of Korea on August 19, 1994: Montreal teachers’ training, ... Montreal instruments using Montreal instruments.

On February 5, 1995, the president of the Agency recruited infant care students for their children from the end of February and provided them with education to the Montreal.

The actual trends test on February 25, 1995: The guest Lifelong Education Institute shall invite students, such as Montreal et al.

The actual contents of the Doz. on March 23, 1995: The Doz. Doz. Doz. Doz. Doz. Doz. 2000 (Advertisements)

The results of the examination on tendency on August 18, 1995: the establishment of training courses which grant a certificate of international Montreal teachers recognized by the Solosoloo Lifelong Education Center world.

On August 28, 1995, the actual accounts of the Korea National University Education Graduate School / Montreal A.M.S. Teachers' Qualification Courses

The actual accounts of the Institute of Korea on May 31, 1996 shall be variously equipped with Montreal instruments and audio-visual teaching materials.

The actual tendency test on June 1, 1996: Shall prepare a course of study for students enrolled in the second semester of the Lifelong Education Institute.

1. The Montreal test on September 3, 1996: The Montreal test, an educator, re-assumed on this point. The Montreal test, as an educator, re-assumed on this point.

On October 6, 1996, the actual contents of the anti-dimensional learning program applied the Montreal method, which could be displayed in light of the report, so that creativity can be ensured by applying the Montreal method to the framework.

On October 10, 1996, the actual tax rate shall be the daily economy: panty panch and LG software shall be the educational framework in which the Montreal et al. is produced by compromise and compromise.

The actual accounts of the Republic of Korea on October 14, 1996: Montreal Creation Class

On April 29, 1997, the actual contents of the tax rate are as follows: Eastern = Matna can live in the piece of books with sets, such as Montreal ether.

The results of the examination of tendency on May 14, 1997: Montreal Egredian Early Childhood Education Institute as a university.

The actual tendency newspaper on June 19, 1997: The curriculum of "Lmon themeology and children art" at 35 universities and colleges, which are 35 lifelong education instructors of universities.

5) At present, the Ministry of Education, Science and Technology introduces “Mamanmonology” and “mon the Montreal Education Act” on the initial screen of children’s website (Internet address 1 omitted) (Evidence A No. 58).

(B) The status of the use of the mark "MoNTRSO" prior to the date of the first decision on registration of the instant registered service mark ( October 30, 1998)

1) Educational and research organizations

On March 1986, 1986, the Korean Association of Montesssssssssssia: Montreal Educational Research Institute, which is organized by professors and child-care centers managers, has been holding academic conferences since 1997 and conducting research on the theories and actual studies of early childhood education, and has continued to engage in activities, such as the operation of the course of training teachers in Montreal and the operation of the Montreal parent curriculum. On September 201, 201, the name was changed to “Korea Association of Actual Early Childhood Education” and the name of the school was changed to “actual early childhood Education,” but the purpose of its establishment is the same as that of the previous Association (No. 20, No. 79).

The actual substance of the Institute for the Education of Montreal, which is a research institute established on March 1987, to develop programs for young children, train and train teachers, parents education, etc. (Evidence A 21).

The actual contents of the Korean Institute of Ammon Education, which is a Korean Institute of Ammon Education, has claimed to be a successful Montreal education realizing and conducting missional work through education, and has trained a number of graduates throughout the country since 1988, and has established an organization such as Ammon Emmon Emmon Education Institute, Korea Ammon Education Research Council, and cyber colleges (Evidence No. 22).

The actual contents of the Korea Montreal Emonet Education Center: To support the Montreal Kindergartens and child-care centers established under the control of the Korean Emonet Peace Education Council, an incorporated association, 1990, for all children, and to support all children, the Institute was acting as a Korean Montreal Research Institute on October 22, 1996, and it was approved by the United States Montreal Association (Amms) and authorized by the United States on October 22, 1996.

The Korean Institute of Reading Education, established on February 20, 1992, has discharged about 25-34 graduates each year in 2008 and 2009 (Evidence No. 25). < Amended by Act No. 4538, Feb. 20, 1993; Act No. 4568, Feb. 20, 2004>

The actual contents of the AMI Korea Montreal Institute: an institution which has had a number of members of the Montreal Association (Evidence A, No. 26, 59) since 193, and has had a number of members of the kindergarten (No. 26, 59).

The actual contents of the ○○○ Montreal Institute: The Montreal Institute established in 1997 shall be an English educational institution in the Republic of Korea, which is now engaged in activities, such as producing its own teaching tools and teaching materials, and training of professional teachers (Evidence A 28, 60).

In addition to the actual contents, on July 7, 1990 of 190, Korea Montreal Education Council No. 2, 1990, Korea Montreal Education Center No. 2, 990, Korea Montreal Association No. 991, Korea Lifelong Education Institute No. 35, 1992, Montreal Education Institute No. 97, 198, 99, 197, 99, 197, 196, 197, 196, 197, 196, 2, 3, 5, 3, 5, 9, 9, 9, 9, 9, 9, 9, 9, 9, 9, 9, 9, 9, 9, 9, 9, 9, 9, 9, 9, 9, 9, 9, 9, 1, 1, 1, 1996.

(ii) early childhood education institutions;

A) As seen earlier, on June 18, 1971, the article "Seoul International Infant Care Institute (Seoul KLIG)" was published on the daily economy of November 13, 1982, "foreigners in Korea in 63 have opened Montreal School, which is an educational institution for children," on the East Asia's Day of June 5, 1984, "Malomon Institute" article, "Malomon Institute" article on the East Asia's Day of July 14, 1991, "Malomon Institute" article on the East Asia's Day of February 3, 1993, "Malomon Institute" article on the East Asia's Day of February 3, 1993, and "Malomon Institute" article on the children's Day of Seoul, "YIGIGI" article on the child's Day of February 5, 1995, and "YIGIGIGIGIGI" article No. 1375, "YIGIGIGIGIE.

B) If a child-care center is searched on the website of “Eve Child Care Port” under the Ministry of Health and Welfare, 177 child-care centers authorized prior to the date of the initial decision on the registration of the instant registered service mark (No. 61-2).

C) The Ministry of Education, Science and Technology’s overall search is not easy for a kindergarten under the jurisdiction of the Ministry of Education, Science and Technology. However, when searching for a kindergarten containing “monme” in the trade name among those registered at Elomonnet (Internet address 2 omitted), 11 of the kindergarten authorized prior to the date of the initial decision on registration of the instant registered service mark (No. 62-1 and 2 of the evidence A), other than those of the young children for July 190, 190, 11 of the kindergarten authorized prior to the date of the initial decision on registration of the instant registered service mark, 11 of the kindergarten affiliated with the Korea Montreal Education Research Council affiliated with the Korea Montreal Education Research Council (Korean Montreal), E.C. L. C.L. kindergarten on June 6, 1993, 193, slomonmonology (Internet address 2.10, 1993, and 12.24 through 27, 29).

(iii) manufacturers and distributors of teaching tools and materials;

An advertisement of the 191.6th day of an infant’s 191, the 5th day of a 8th day of a 191, the 5th day of a 8th day of a 191, the 5th day of a 8th day of a 1991, the 195th day of a 5th day of a 5th day of a 8th day, the 1st day of a 5th day of a 5th day of a 5th day of an advertisement, the 1st day of a 1991, the 5th day of a 1st day of an advertisement, the 5th day of a 1st day of a 5th day of an advertisement, the 1st day of a 1st day of a 5th day of an advertisement, the 5th day of an advertisement, the 5th day of a 1st day of a 5th day of an advertisement, and the 9th day of a 9th day of an advertisement.

4) The contents pertaining to the term “monthly infant” (MONTRSO).

From March 1990 to October 1998, the following contents are published (No. 53-1 to 32, No. 55-1 to 8).

The actual contents of the tax shall be as follows: The Korean Lifelong Educational Organization, the Materno Education Center's advertisement for soliciting "the 14th Montreal trainees", the model Montreal, and the child care center of the Materno Education Center.

The actual contents of the tax treaty No. 1990 7.7. : Articles which introduce 155,55,50,50,500, as the "head of the regular Montreal Education Council", and the articles of the Incheon Montreal Institute.

8. 190. 8. : Details related to the English Montreal kindergarten officer, Montreal Model Child Care Center.

The actual contents of the tax treaty 1990.9.: Advertisement of the Korean Montreal Education Center as an annex to the U.S. A. Materna's University

10. 10.10. 1990: Advertisement related to model Montreal or child care centers, advertisement related to Montreal et al., advertisement for recruiting students, and advertisement of the Korean Montreal Education Center.

The actual contents of the tax invoice 3.3. 1991: The Korean Montreal Education Institute.

The actual contents of the 1991.6. 6.: Advertisement of Montreal Education Daejeon, UCLA’s University’s Llogram School Advertisement

The actual contents of the 1991.7.: Montreal Education Guidance, Hanmon Association organized by the Korean Lifelong Education Organization.

The actual contents of the tax base on September 1991: The education for the leader of Montreal at CBS Lifelong University, the education for new members recruitment advertisements of the Korean Montreal Association (Krea Mloscoy), and the advertisement for the Korean Montreal Education Institute.

The actual contents of the 1991.10.: Advertisement of the Montreal Guide of the “U.S. Comprehensive Gu History”

The actual tax rate of no. 11. 1991: Montreal Guide introduction

The actual contents of the tax invoice No. 12, 1991: Advertisement of Montreal Guide of "U.S. General Guide"

The actual contents of the 1992.1.: Advertisement for the recruitment of Korean Children's Ship Teachers and Montreal Research Institute

2. The substance of the 1992.2.: Advertisement for the recruitment of teachers by the Montreal Education Development Institute.

The actual contents of the tax shall be as follows: The theory and actual advertisement of the Montreal et al.’s “original branch office”

192.4. 4. 1992: The Montreal Education Center for Students of the Korean Lifelong Education Center, or the Montreal Association for Students of the Korean Lifelong Education Center.

The actual contents of the 192. May 1992: Advertisement of the Montreal Education Program Starters, and books and teaching materials of Montreal Education Book.

The actual substance of the 1992.6. 6.: Advertisement of the Montreal Memonology’s attached teaching material of the Montreal Memonology company

The actual contents of the 192.1 November 1992: Advertisement for the recruitment of “the course of study of the leader of the Montreal Institute” supported by the Korean Montreal Institute Council, sponsored by the “Korea Montreal Institute Council” and supported by the “○○○○ Child Care Center”.

The actual contents of the 1992.12.: Advertisement of Korean Montreal seminars conducted at a foreign Montreal kindergarten, etc.

The actual contents of the 193.1. January 1, 1993: Advertisement for recruitment of “the course of study for the major of the Montreal,” which is supported by the “○○○○○ Montreal Child Care Center,” which is controlled by the dong kindergarten introduction articles,” “Korea Montreal Institute’s Council,” and which is supported by “○○○○ Child Care Center,” and advertisement for the recruitment of new researchers of the Korean Montreal Education Center.

The actual contents of the 1993.3.3.: Advertisement of the Montreal Guideology of “Emon Guide”, and the Cheongmon Guide Guide, which provides the Montreal Guideology education, and advertisement for inviting students to participate in the Korean Montreal Guideology education.

6.6. 1993: Advertisement of E.C.L.C. Montreal Schools’ “Lavier Education Programs for Montreal Teachers’ Colleges”

The actual contents of the 193. 8.h., 1993: Advertisement of the Montreal Gu (many local sales places) of the Montreal Gu (many local sales places), Advertisement of the Montreal Gu (many local exhibition places), Advertisement of the Montreal Gu (many local exhibition places), Advertisement of the New Montreal Institute, and Advertisement of the New Emonet Institute’s Enrollment Institute’s Rotation, which is under the supervision of the Korean Montreal Leaders Council, and advertisement of the recruitment of “the course of course of study of ○○ △△ Child Care Center,” which is supported by the “○○○○ Child Care Center,” and advertisement of the recruitment of the qualification certificate of the International Montreal Emonthy Emon Institute of the Sungnam National Child’s Malith School.

The actual contents of the 1993.9.9.: Advertisement for collecting "the fifth Montreal Education Members" of the Gangwon-do Culture Center for the Stage Broadcasting.

10. 193. 10. 1993: Advertising the recruitment of new members of the Smon Education Center, which is affiliated with the Smon Education Center, and advertising the recruitment of new students and students of the International Montreal Research Institute.

The actual contents of the 11. 1. 1993: Advertising the recruitment of major courses of the Montreal Council of the Korean Montreal Leaders

In December 1993, the actual substance is as follows: Advertisement of the Montrealology of “blue trees”, advertisement of the Montrealology teaching material of “Ymonology”, advertisement of the Montrealology teacher’s college, advertisement of the Montrealology teacher’s college, advertisement of “Ammonology”, and advertisement of “Ammonology teacher’s training center”, “Ammonology teacher’s training center,” respectively, in the recruitment of trainees of the Montrealology teacher’s education center (receiving and inquiry wife: referring to the receipt and inquiry wife: Ammonology kindergarten, a shmonology kindergarten, and a shmonology child care center).

The actual contents of the 196.1.1. 1.1. 1996: Advertisement of MIAmon Guide (the place of education: CIA), A.M.I. Korean Montreal Research Institute (A.M.I.K. M.I.K. Research Association (the place of education) advertisement, M.I. Montreal, M.I. Montreal annual seminars advertising, M.I. Montreal Guide, M. M.I. Montreal Guide, Montesssophy (M.S) advertising of the Montreal Institute, Montesciology curriculum of the Montreal Institute, M.I.M. M. Research Association (K.I.M) advertising of the Montreal Institute of the United States Montreal Institute of Montreal (MI.).

The actual accounts of No. 7.7. 1996: Advertisement for the recruitment of Korean Montreal Education Center, an incorporated association.

The actual contents of the 1997.1. : Solomon teachers' course and the Lmon Emon Emon Institute's Institute of Lifelong Education at Soloo University, an advertisement for recruitment of Montreal the course of seminars, and Glomon Institute's kindergarten for each minute.

The actual contents of the 198 1.1. 1. : Advertisement of “E Q Q and Montreal Research Institute” : Advertisement for the recruitment of new students of a missionary work training institute; Advertisement for the 7th Montreal Emmon Education Institute; Advertisement for the recruitment of students of an education institute of Korea tight Montreal; Advertisement for the recruitment of tweet learning courses of the 12th Montreal Education Institute of Dominium; Advertisement for the recruitment of students of the 12th Montreal Emmon Emthy Ethry Ethythy Ethythy Ethythy Ethythyythythy, United States New Ethythy University; C.M. BABININ, M&SOSOSO, Egymmon, Ethyremon, gyremonology, gyremonology, gyremon ether, gyremon ether, gyremon ether, gynit ether, etc.

The actual contents of the 198.2. 2., 1998: Advertisement of the Montreal Institute's curriculum at the Lmon Institute's educational graduate school, the Korean Montreal Institute's curriculum, the article of the Korean Montreal Education Research Council, and the article of the article that "at present, 390 kindergartens and young children are conducting the Montreal Institute's education in Korea," the advertisement of recruitment of regular training members of the Korean Montreal Institute, the 7th Montreal Institute at the Korean Kmon Institute's education institute, the advertisement of the 7th Montreal Institute at the Klomon Institute's education institute, the advertisement of the recruitment of the 7th Montreal Institute at the Klomon Institute's education institute, the Montreal Institute at the Klomon Institute's education institute at the night, the advertisement of the education course at the Klomon Institute's education institute at the Klomon Institute's education institute at the Klomon

The actual contents of the 198.3. 3. 1998: Advertisement of the Montreal Education Program of the Peace and Culture Center, the teaching materials or teaching materials of "E Q and Montreal ether" or the teaching materials of "E Q and Montreal", advertisement of the Montreal Education Center's Montreal Education Center attached to the Monoo Broadcasting, advertisement of the Montreal Education Center's Montreal Education Institute, advertisement of the Korean Institute for the 7th Montreal Education of the Korean Institute for the Education of the Korean Institute for the Education of the Korean Institute for the Education of the Korean Institute for the Education of the Korean Institute for the Education of the Korean Disabled.

The actual contents of the 198.4. 4. 1998: The advertisement of the Montreal Association's Montreal special education lecture, the advertisement of the Montreal Institute's course leader's course of the Social Welfare Education Center attached to the Rotterdam Broadcasting, the international qualification Montreal Institute's education center, and the domestic and international Montreal class's domestic and international Montreal class of the Korean Montreal Institute.

The actual contents of the 198.7. 7.: Advertisements of Montesos, Music Education and Training Council organized by the Gyeonggi-do Council for Education and Training, advertisements of a leader of the Social Welfare Education Center affiliated with the Dominology Broadcasting, advertisements of text education using Montreal the Montreal instruments, advertisements of letters education using the Montreal instruments, advertisements of the Montreal Association of the Montreal Association of the Montreal Associations of the Republic of Korea, advertisements of natural science and general class seminars of the Korean Montreal Council for Education and Research, and advertisements of the second regular seminars of the Korean Montreal Council for Education and Research.

The actual contents of the 1998. 8.: Advertisement of the Montreal Guide of the “Yamicraft”

The actual contents of the 1998.9. 9. 1998: An advertisement of the Montreal Education Education Center of the Gelim Infant Care Education Center, an advertisement of the Montreal Education Center of the Montreal Education Center affiliated with the Monoc Broadcasting, an advertisement of the Montreal Education Center of the Montreal Education Center, and an advertisement of the Montreal Education Program of the Montreal Education Institute of the Republic of Korea Research Institute of

10. 198.10.: Advertisement of the Montreal Course by the Central University Industrial Education Institute

(C) The status of the use of the mark "MoNTRSO" before the date of decision on the additional registration of the designated service business of the instant registered service mark ( April 21, 2009)

(i) educational research institutes;

The actual tax rate shall be the Montreal Education Research Institute: Montreal Education and Research Institute (Evidence 23) established on January 12, 2003 by the Korean Circuit Self-denunciation Women Association (Evidence 23).

The actual contents of the Montreal Education Center: Montreal Education Center (A No. 31 certificate) established in 2004 by a virtual university of the character tol, the Montreal Education Center (A. 31 certificate).

The actual contents of the actual accounts: Montreal Education and Research and Montreal Education and Montreal International Teachers Training Institute (Evidence A 32) established on February 2008 by the Gyeyang Culture University (No. 32).

The Korean Montreal Association was established in 2007 by a domestic Montreal education and research institution: Daegu Tol University, a virtual university, a general education institute, and a Korean-monology association, the Korean-monology association, 21CCM Institute, Ammmonology research institute, Gwangju Redmonology research institute, Gomonology research institute, Pomonology research institute, Korean early childhood Education Center, Emmonology research institute, Emmonologyology research institute, Emmonology education research institute, △Nmonology research institute, △△Nmonology research institute, ○○○ Montrealtype English education research institute, (i) Kimonology research institute, (ii) Kimonology research institute, (iii) Kimonology research institute, (iv) Kimonology research institute, (iv) Gigiology research institute, and (iv) Gigiology research institute, and (iv) Emmonology education institute, and (iv) 3) Emmonology and girls education institute, etc.

The e2e Early Childhood Education Center: cyber Montreal lecture (Evidence A 66) from April 2003.

(ii) early childhood education institutions;

A) 561 child-care centers authorized prior to the date of decision on additional registration of the designated service 2 shall be searched in the name of the child-care center which includes “monme” on the site of “Eve Child Care Port” (No. 61-1, 2).

B) As seen earlier, the overall search of a kindergarten under the jurisdiction of the Ministry of Education, Science and Technology is not easy. However, when searching a kindergarten containing a “monme” on the trade name among those registered at Aunet website, 15 kindergartens authorized prior to the date of decision on additional registration 2 of the designated service business are searched (No. 62-1, 2).

3) The contents pertaining to the term “monthly infant” (MONTRSO).

Since the date of the initial decision on registration of the instant registered service mark and before the date of the decision on the additional registration thereof, there are many advertisements on the educational research institutes, infant care teachers training institutions, teachers and teaching materials manufacturers and sellers, Montreal class courses of university affiliated organizations, education and research of religious organizations, infant care training courses, etc. using the trade name or mark including "Moontesri" or "Montesri", and the major cases are as follows.

(A) advertisement of educational research and training programs for organizations, including Montreal (MONTRSO)’s trade or service marks and teachers’ training programs;

The actual tax rate shall be the Montreal Association (No. 55 No. 9) of Korea, an incorporated association

The actual substance of the Montreal Typha Institute (A No. 55 No. 10)

The actual tax rate shall be the Montreal Education Institute (No. 55 No. 10, 12)

The actual substance of the Korea Ashmon Education Center, Syber Univ (No. 55 No. 11 through 13, 24, 27, 28, 31, 33, 36 through 38, 45, 58, 59)

The actual substance is 11,27,53,59,63 of evidence A (No. 55) 1,27,53,59,63

The actual accounts of the United States Montreal Education Center (MIA) (A evidence 55 No. 13, 16)

The Korean Montreal Education Association, Korean Montreal Institute (KIM), School Teachers Qualification Process (A evidence 55 No. 13, 21)

The actual contents of the Korean Montreal Institute (Ams) (No. 55 No. 14)

The actual contents of the Korean Montreal Institute (AMI) (AMI) (No. 55-3, 39, 46, 49, 51, 57, 57, 58, 63, 71, 72, 81)

The actual tax rate shall be the Montreal Republic of Korea Institute (No. 55 No. 14)

The actual contents of the Korean Montreal Education and Research Association (KOMA) (A) 16, 23, 33, 36, 39, 49, 63, 80 of the evidence No. 55

● 벧엘 몬테소리 교육연구소(갑 제55호증의 20)

The actual contents of the Montreal Research Institute (A No. 55-23, 33, 36, 37, 46, 49, 63)

The substance of the international qualification Montreal Education Center (A No. 55 24,29,30,37)

The actual substance of the Korean Montreal Emonet Education School (A No. 55 No. 24)

The actual tax rate shall be the education research institute for the leader of the Montreal, the Montreal, the young children's music, (A No. 55-27).

The actual tax rate shall be the Korean Barmon Association (No. 55 No. 42) which is an incorporated association

The actual contents of the Montreal Education Center (A No. 55 No. 46,63,65,69,79)

The actual substance shall be the former doctor’s Montreal Education Institute, the former doctor’s Montreal Education Institute, and the former doctor’s Montreal Education Institute (No. 55 No. 47).

The actual contents of the Korea-U.S. Montreal Association (No. 55 No. 53, 63)

The actual contents of the Korean Montreal Education Center (KMC), an incorporated association, shall be KMC (No. 55 No. 60)

The actual substance of the Korea Montreal Association (Kms) (A No. 55 No. 77), an incorporated association,

The actual tax rate shall be the Montreal Education Center (A No. 55 No. 69)

The actual contents of Montreal Education, 100 weeks Memorial seminars Promotion Committee (No. 55 No. 76)

The Korean Federation of Montreal Education (No. 55 No. 77,81)

The actual tax rate shall be the Montreal Education Institute (No. 55 No. 81) of Gwangju Montreal

B) Advertisements related to teaching materials and tools;

The actual substance is "Nennas Montreal" advertising (No. 55 No. 55-16, 17) imported and sold by "Snish Snish Snishing Co., Ltd."

The actual substance is the advertisement of “Llomon test” (No. 55 No. 21) of “Llomon test” (A).

The actual substance of the Redmon Guide Advertising Co., Ltd. (A evidence 55 No. 39 of the Republic of Korea)

The actual substance is “Amon test,” but the Montreal Guide Advertising (No. 55 No. 41) of the Montreal Guide

The actual substance of the Redmon Guide Advertising Co., Ltd. (A evidence 55 No. 51)

The actual contents of the Plaintiff’s “Nenmon test” advertisement (No. 55 No. 66, 75)

The actual accounts of "T&T" advertisement of Montreal Guluri (No. 55 No. 37, 45)

The actual contents of the Montreal program are as follows (A evidence 55 No. 26 of the Montreal program).

The actual substance of the Montreal (A No. 55 No. 44) advertisements of Montreal (No. 55)

The actual substance of the Montreal measurement(A No. 55 No. 50, 54) advertisement

The actual substance of the Montreal Article 5 (No. 55 No. 57) Advertising the Montreal Guide (A)

C) Other advertisements such as Montreal School Teachers Training Course for University Lifelong Education Institute, etc.

The actual contents of the Institute of Lifelong Education, which is affiliated with the Korea Mlorea Mlosssoloste(No. 55 No. 9, 18)

The actual substance is advertisement of the Montreal Institute (No. 55 No. 20, 24, 40 of the evidence No. 55).

The actual substance is advertisement of the Montreal Education Program (A No. 55 No. 29) of the National Institute of Social Education.

The actual contents of the Montreal Education Advertisement (A evidence No. 55-35, 46, 48, 50, 53, 55, 56, 59, 69, 73, 76) of the National University of Korea.

The actual contents of the Montreal Education Advertisement (A evidence No. 55-19, 24, 27, 28, 37, 45, 59) of the Social Education Institute of one-time National University

The actual accounts of the Gyeonggi University Education Advertisement (A evidence No. 55-20, 24, 25, 28, 29, 35, 40, 46, 50, 56) of the Montreal Education Advertisement

The actual contents of the Institute shall be as follows: Montreal Education Advertisement (No. 55 No. 34, 50, 52, 59 of evidence A)

The actual substance is the advertisement of the education course of the Montreal Education Institute of Hanyang University (No. 50, No. 50)

The actual accounts are as follows: (a) advertisement of the Korean Montreal Institute (No. 55-1, 55, 67, 71, 77, 82) course for the leader of the Montreal Institute (No. 55-1, 55, 67, 77, 82).

The actual contents of the Doctrine School shall advertise the recruitment of teachers and trainees (A evidence No. 55, No. 67, 76) of the Montreal School of Annual Generation.

The actual contents of the Institute shall be the advertisement for the training of teachers in the language intelligence research room of the University, taking into account (A evidence 55 No. 72).

The actual contents of the YMCA training program for early childhood education teachers(A evidence 55 No. 19) of Montreal YCA

The Doctrine Doctrine Education Advertisement (A No. 55 No. 34) of the Peace Culture Center attached to the Peace Infant Care Education Center.

The actual contents of the Social Welfare Education Center attached to the Doloo Broadcasting, advertisement "A" (No. 55 No. 22) of the Montreal professional leader program.

The actual accounts are as follows: Montreal Education Advertisement (A No. 55-23, 31, 32, 36, 43) of the Infant Culture Center for each month.

The actual contents of the Red Culture Center Education Advertisement (No. 50, 61, 64 of evidence A No. 55)

(iv) manufacturers and distributors of teaching tools and materials;

As seen in the above 3-B(b), many of the manufacturers and distributors of teaching materials were actively engaged in business.

(2) Review

(A) As seen in the above facts, since the meaning of "MoNESSOI" as seen above was introduced in Korea since the Montreal Education Act has long been long, and many educational research institutions and early childhood education institutions have freely used "MoNESOI" on their trade name or service mark prior to the date on which the registration of the service mark of this case was decided, and considerable number of teaching tools, teaching materials manufacturers, and sellers manufacture and sell "Mologram" tools and teaching materials, and they are freely using trademarks including "Mologram (MONESSOI)" and some of them are difficult to recognize that the aforementioned organizations and teaching materials, teaching materials, manufacturers, and manufacturers of teaching materials, etc. of this case are not related to the business of education and research, and therefore, they are not related to the business of education and research of professors of this case, so it is difficult for them to freely use "Mologram" in their trade name, and therefore, they are also related to the business of education and research, and thus, they have been active in newspapers and magazines.

(B) As to the registered service mark of this case, the Defendant functioned as a brand representing early childhood education areas through long advertising and sales activities. The Defendant asserted that the registered service mark of this case is a service mark that has distinctiveness of its own service business and does not fall under Article 6 (1) 7 of the Trademark Act, since the Defendant and the Korea Montreal Service Corporation, a non-exclusive licensee of the registered service mark of this case, independently uses “” or “the” before the filing date of the application for registration of the registered service mark of this case and the decision of additional registration thereof, or as a result, combines letters or diagrams without distinctiveness and uses them for the designated service business, and thus, it is clearly recognized as the “monme” among consumers.

However, Article 6(1)7 of the Trademark Act only means that even a trademark that does not fall under any of subparagraphs 1 through 6 of Article 6(1) of the same Act means a trademark that does not fall under any of subparagraphs 1 through 6 of the same Article and is not registered. Thus, even if a trademark appears to have no distinguishability from other goods when objectively seen only its concept, the relationship with the designated goods, etc., without considering the situation of its use, it appears that the applicant’s use of the trademark shows that the trademark is clearly recognized as indicating goods related to his/her business among consumers or traders, barring special circumstances, the trademark does not fall under Article 6(1)7 of the Trademark Act. This does not change solely on the ground that Article 6(2) does not include Article 6(1)7 of the same Act (see Supreme Court Decisions 2001Hu2863, Jul. 11, 2003; 2006Hu535, May 32, 2016).

(2) Notwithstanding the provisions of paragraph (1) 3 through 6 of the aforesaid Article, it is difficult to recognize that the Defendant’s use of the instant service mark as well as the Plaintiff’s use of the instant registered service mark by virtue of the evidence prior to its application for trademark registration, which is widely recognized as a trademark indicating whose goods it had been used by the Defendant’s consumers. It is difficult to recognize that the Defendant’s use of the instant service mark constitutes a trademark without distinctiveness, and thus granting specific persons the exclusive right to use the mark. As such, the standard should be strictly interpreted and applied to the trademark that is actually used, and the trademark that acquired distinctiveness by use cannot be recognized as its distinctive nature as a whole, even if it is recognized as an acquisition of distinctiveness by use of the instant mark as a whole, it is difficult to recognize that the Defendant’s use of the instant service mark was not related to the Plaintiff’s use of the instant registered service mark by virtue of the fact that it is actually limited to the service mark used by the Defendant, and thus, it is not possible to obtain the registration only for the relevant service business, and it shall be determined as 2005.

Therefore, the defendant's above assertion is not accepted.

C. Sub-committee

Ultimately, the registered service mark of this case constitutes a non-distinctive mark under Article 6(1)7 of the Trademark Act with respect to the designated service business of this case as of the date of decision on the registration of the registered service mark of this case and the date of decision on the additional registration of the designated service 2, and thus, it is not necessary to examine the remainder of the registered service mark of this case, such as the Plaintiff’s conjunctive assertion, and the registration of this case

4. Conclusion

If so, the trial decision of this case different conclusion is unlawful, so the plaintiff's claim seeking its revocation is justified, and it is so decided as per Disposition with the assent of all participating Justices.

[Attachment] The designated service business of the instant registered service mark: omitted

Judges Lee Jong-young (Presiding Judge)