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1. The plaintiff (appointed)'s claim is dismissed.
2. The costs of litigation shall include parts resulting from the participation.
Reasons
1. Basic facts
(a) / filing date of the application number 1) / : B/C 2: (General trademark 3): Designated goods classified as the product: Water 21 category: Bodogs, Bodogs, Bodozines, Bo temperature water ices, light acids, water tanks for tourists, hot-to-doors for drinks, water sticks, dust-to-sto-sto-sto-sto-sto-sto-sto-sto-s to-s to-s to-s to-s to-s to-s to-s to-s to-s to-s to-s to-s to-s to-s to-s to-s to-s to-s to-s to-s to-s to-s to-s to-s to-s to-s to-s to-s to-s to-
3) User: Defendant Intervenor
C. On June 3, 2013, the examiner of the Korean Intellectual Property Office rejected the registration of the instant trademark, which was identical or similar to the prior use trademark of another person known to the general customers or consumers of the U.S. to indicate the trademark or goods of a specific person, on the ground that it falls under Article 7(1)12 of the Trademark Act, since the trademark application was filed for unjust purposes. (2) The Plaintiff filed a petition with the Intellectual Property Tribunal for a trial seeking revocation of the said decision. On September 19, 2014, the Korean Intellectual Property Tribunal dismissed the Plaintiff’s petition for trial on the following grounds.
In light of the fact that the trademark applied in this case is identical to the pre-use trademark and it is difficult to see that the trademark is a trademark that is easily created by anyone, while the plaintiff was fully aware of the existence of the pre-use trademark, the illegal purpose is recognized. In full view of the details of the use of the trademark, the registration status of the trademark, sales, promotional expenses, promotional expenses, and the report of the Korea Trade-Investment Promotion Agency, etc., the pre-use trademark is deemed to be known to the extent that it is recognized as indicating a specific person's trademark or goods in the United States at least around C, which is the filing date of the applied trademark in this case, and thus, it cannot be registered