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1. All of the plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
Reasons
1. Basic facts
(a) Date of application/registration/registration number of the plaintiffs' registered trademark 1) of this case: D/ E/F2 of old : 3) Designated goods of Category 18 classified into the category of goods: bags, groundets, bags, sports bags, strings and travel bags, wrings, mountain, mountain, wrings, handets, safety strings for children's protection, portable cosmetics wrings (less there are no content, animal wrings, animal wrings, clothing for pet animals, leather, artificial leather, artificial fibres and parts thereof, wrings, probrings, probrus, probrus, probrus, probrus, probrus, prote or probic acids;
(b) Goods using the challenged mark 1): Defendant
C. On August 1, 2018, the Korean Intellectual Property Trial and Appeal Board rendered a trial ruling citing the Defendant’s appeal on the ground that the challenged mark falls under Article 90(1)2 of the Trademark Act, since the challenged mark is a technical mark indicating the nature of the “contributation” and the challenged mark falls under Article 90(1)2 of the Trademark Act, and it constitutes a trademark which is used by the trade industry as to “contributation and contact with the trademark,” which is the goods using the challenged mark, and thus, it does not have the effect of the instant registered trademark. 2) The Korean Intellectual Property Trial and Appeal Board filed a motion to confirm the scope of the right (201Da1252) against the challenged mark.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings
2. The summary of the plaintiffs' assertion (grounds for revoking a trial decision) does not constitute a mark indicating the nature under Article 90(1)2 of the Trademark Act.
The challenged mark has the effect of the trademark of this case, and the well delivery among the designated goods of the trademark of this case is the same as the goods using the challenged mark, and the challenged mark is the subject of confirmation.