1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

가. 이 사건 등록상표 1) 등록번호/출원일/등록일/갱신등록일: 상표등록 C/D/E/F 2) 구 성 : 3) 지정상품 : 상품류 구분 제18류의 모피, 원피(原皮), 원혁(原革 , 가죽제 열쇠케이스, 등산백, 명함케이스, 배낭, 보스턴백, 비귀금속제 지갑, 비치백, 서류가방, 신용카드케이스, 여행가방, 여행용 트렁크, 오페라백, 패스포트케이스, 패킹백, 포리백, 학생가방, 핸드백, 가죽제 상자, 포장용 가죽제포대, 양산, 우산, 피혁제 밸브

(b) The actual-use trademark (1) old: the name of the trademark; (2) products; (3) users of handbags: the plaintiff;

(c) Compared trademark (1) Gu: (2) Product: A user of cosmetics; Defendant;

D. Article 2(1) and (2) of the Addenda of the Trademark Act amended by Act No. 1403, Feb. 29, 2016; Article 73(1)3 of the former Trademark Act (wholly amended by Act No. 1403, Feb. 29, 2016; Article 2(1) and (2) of the former Trademark Act (wholly amended by Act No. 14033, Apr. 1, 2016; Article 2(1) of the amended Trademark Act (wholly amended by Act No. 1403) applies from the filing date of the application for trademark registration after this Act enters into force, and the amended provisions concerning the request for a trial shall also apply to the case where a request for a trial

“The registered trademark of this case is D prior to the enforcement of the amended Trademark Act. As such, this case was wholly amended by Act No. 14033, Feb. 29, 2016; hereinafter the same applies).

Article 73(1)3 shall apply.

Therefore, the Korean Intellectual Property Tribunal’s determination by applying Article 119(1)3 of the current Trademark Act is erroneous, but since Article 73(1)3 of the former Trademark Act and Article 119(1)3 of the current Trademark Act are substantially identical, such error does not adversely affect the outcome of the trial decision.

such registration shall be revoked in accordance with the provisions of this subsection.