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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. Registration number 1) / Date of application / Date of registration: Composition of trademark registration D/E/F 2: Designated goods: Category 3: A trademark right holder: the plaintiffs
(b) 1) Registration number / Date of application / Date of registration: No. 5323/10 / 2001 : c) Designated goods classified into category 11: Electric bed, Non-Medical Electric Fences, Electricity ioners, electricity ion ioners, electricity ioners, shockers, electricity ioners, electric shockers, electric ruptures, and electric ruptures: 2A) registration number/ application date/registration date: No. 48395/199; 12/12/1999; 2000/300/200; 3: 40/100 of the registered goods; 10/40 of the registered goods; 20 of the owner of the trademark right; 3:40/40 of the registered goods; 20 of the registered goods of Category 1; 3:0 of the registered goods of Category 20;
(c) Composition of pre-use trademark 1: Products using stone 2) : The defendant; the defendant;
D. On October 22, 2014, the Defendant filed a petition for a registration invalidation trial with the Intellectual Property Trial and Appeal Board against the Plaintiffs on October 22, 2014, stating that “The registered trademark of this case is similar to the registered trademark of this case, and the pre-use trademarks, marks, and designated goods, which have acquired well-knownness, may cause misconceptions as to the source, and thus cause confusion as to the consumers. In addition, the registered trademark of this case was registered for an illegal purpose of taking advantage of the economic credit incorporated into the pre-use trademark, and thus its registration is null and void.” 2) On September 10, 2015, the Intellectual Property Tribunal filed a petition for a registration invalidation trial with the Intellectual Property Trial and Appeal Board on September 10, 2015, which is clearly recognized as indicating the applicant’s goods as indicating the applicant’s goods.