권리범위확인(상)
1. The decision made by the Intellectual Property Tribunal on November 14, 2017 by the Intellectual Property Tribunal on the case No. 1614 shall be revoked.
2. The costs of lawsuit shall be.
1. Basic facts
(a) Registered trademark 1) filing date/registration date//registration number: C/D/E 2: 3) Designated goods: Hegel used for cremation in the course of cosmetic management contained in the injection season contained in Category 3 classified into products (c) for the Plaintiff:
(b) Composition of the challenged mark 1: (ii) Goods using the mark: The defendant; (b) goods using the name improvement scheme, the universal habitation scheme, and the shotbane calendar 3 users consisting of the hylonic acid;
C. On June 16, 2016, the Plaintiff asserted that the Defendant’s mark subject to confirmation is identical or similar to the Plaintiff’s registered trademark and thus falls under the scope of the Plaintiff’s right of the Plaintiff’s registered trademark, and filed a motion to confirm the scope of the right of the Plaintiff’s registered trademark. 2) The Intellectual Property Tribunal deliberated on the instant petition for adjudication as 2016Da1614, and rendered a ruling on November 14, 2017 on the ground that the Defendant’s mark subject to confirmation is not similar to the Plaintiff’s registered trademark and the mark is not similar to the Plaintiff’s goods used and designated goods, and thus, the Plaintiff’s above petition for adjudication was rejected
(hereinafter “instant adjudication decision”). 【No ground for recognition”, “A” Nos. 1 and 2, and the purport of the entire pleadings.
2. Determination as to the propriety of the instant trial decision
A. 1) The existence of interest in an appeal for adjudication 1) The part of the Defendant’s goods using the Defendant’s trademark subject to confirmation is not “medically used” but “medically used” among the goods using the Defendant’s trademark subject to confirmation, and the part is not “medically used,” and there is no benefit to seek a confirmation of the scope of a patent right as to the same part. In the adjudication stage, the Plaintiff first determined at the judgment stage, as seen in the above basic facts, the composition of the Plaintiff “,” and the goods using the trademark “as seen in the above basic facts,” and specified the mark subject to confirmation as “Iskin, Bosives, and Bhusives” with “Iskin as ingredients.”