상표법위반
The defendant shall be innocent.
1. The summary of the facts charged is a person operating a 'E-cafeteria' in Gangdong-gu Seoul Metropolitan Government D.
From August 30, 2013 to January 7, 2015, the Defendant used the trade name "E-cafeteria, a trade name similar to the trade name of 'E-cafeteria', which is the trade name of 'E-cafeteria', which is used with the registration of the service mark (registration No. 41-026746) at the Korean Intellectual Property Office as of August 29, 2013.
Accordingly, the Defendant committed an infringement on service mark rights.
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 to invalidate a trademark registration becomes final and conclusive, the trademark right shall be deemed never to have existed from the beginning, unlike when a trial decision to revoke the trademark registration becomes final and conclusive or when the trademark right is revoked (the same shall apply to the trademark before it was wholly amended by Act No. 14033, Feb. 29, 2016).
In light of Article 71(3) of the former Trademark Act (Article 420 subparag. 6 of the Criminal Procedure Act), where a trial decision or invalidation judgment on a right becomes 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 due to a crime infringing a trademark right, even if the act infringing another person’s registered trademark right was conducted before a trial decision invalidating a trademark registration becomes final and conclusive, if a trial decision invalidating a trademark registration becomes final and conclusive, the trademark right that was infringed was not existing from the beginning. Thus, such act cannot be deemed as a trademark infringement
(See Supreme Court en banc Decision 93Do839 delivered on May 16, 1996). B.
According to the evidence submitted by the prosecutor and the defendant, the Dokdo Volunteer Group Co., Ltd. is part of the 43 categories of service industry classification.