권리범위확인(상)
1. All of the plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
1. Basic facts
A. 1) The filing date / the registration date / the additional registration date of the designated goods / the renewal date / the registration number: E/F/ May 11, 2007 / G2: 3) the trademark right holder: the plaintiffs 4) the designated goods. 2) The designated goods of the registered trademark of this case are designated goods by additional registration of the designated goods.
(1) Chapter 4 of the former Product Classification (amended by the Ordinance of the Ministry of Trade, Industry and Energy No. 83 of February 23, 1998), chemical fluorries, leads, food fluorries, food fluorries, drillings, nuclear fluorium, high-fluoring powder, red fluoring powder, red fluoring powder, bbbbs, cat, 30 kinds of goods, and Hobs, brust, fluor, fluor, fluor, fluor, car leaves, coffee beverages, coffee beverages, sandd, eluor, eluor, self-fluor.
(b) Composition of the challenged mark 1: Goods using the challenged mark 2) : Defendant
C. 1) On November 21, 2012, the Defendant filed a motion for the trial to confirm the scope of rights of the instant registered trademark with the assertion that the challenged mark, which is a product using the challenged mark, is indicated in a common way, and thus does not fall under the scope of rights of the instant registered trademark, as it falls under Article 51(1)2 of the Trademark Act. (2) The Intellectual Property Tribunal deliberated on the instant petition for trial as 2012Da2999. On May 7, 2013, the Defendant accepted the Defendant’s request for trial and rendered the instant trial decision that the challenged mark is not subject to the scope of rights of the instant registered trademark, since it is a mark indicating raw materials, quality, etc. of the air conditioning, which is a product using the trademark, in a common way.
【Ground of recognition】 The fact that there has been no dispute, Gap No. 2 and 3, the purport of the whole pleading
2. Summary of the parties' arguments;
A. Among the marks for which the plaintiffs' assertion is sought, the "Yacon" and "Yacon" are recognized as marks of H, I, or the air conditioners sold by the plaintiffs, not the quality of the air conditioners and raw materials. The registered trademark of this case and the marks subject to confirmation are similar to the trademarks and designated goods.