등록무효(상)
The appeal is dismissed.
The costs of appeal are assessed against the Plaintiff.
The grounds of appeal for prior registration (use) trademark of this case are examined.
The lower court determined that the instant registered trademark (trademark No. 1095649) consisting of “ smartphones, tables computers, clothing, etc. as the designated goods and as the right side is not identical or similar to the prior registered trademark (use) that consists of “sports wild boars, bags, clothing, etc.” as the designated goods and that it was not identical or similar in comparison with the prior registered trademark (use) that consists of the right side.
Examining the relevant legal principles and records, the lower court did not err by misapprehending the legal doctrine on determining similarity of trademarks, contrary to what is alleged in the grounds of appeal, thereby failing to exhaust all necessary deliberations.
Therefore, the appeal is dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices.