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1. The decision made by the Intellectual Property Tribunal on November 22, 2016 on the case shall be revoked.
2. The costs of the lawsuit are assessed against the defendant.
Reasons
1. Basic facts
(a) The filing date and the registration date/registration number of the Defendant’s registered trademark (a evidence No. 1) 1: B/ C/D2: 3 designated goods classified into category 10: Water beds for medical use, autopsy, autopsy, exclusive beds for medical treatment, operation units, surgicals for patients, delivery boxes for patients, heat treatment equipment, hot-stage treatment equipment, hospital, health unit, electrical heat ioncood for medical treatment, electric heat ions for medical treatment, ruptures for medical treatment, ruptures for electrical treatment, rupture for medical treatment, and electricity rupture for medical treatment, etc.;
B. Evidence No. 15788888, A12, etc. using the Plaintiff’s registered trademark/service mark No. 601835, No. 10, No. 592603, Jan. 10, 2013, electric bricks, etc. for medical treatment No. 10, No. 601835, No. 35, No. 157888, Dec. 12, 2007, which are the exclusive lives for medical treatment No. 10, No. 545175, No. 510, No. 5455, No. 35, etc.
C. On July 20, 2015, the Plaintiff: (a) against the Defendant who is the trademark holder of the instant registered trademark “” in the Intellectual Property Tribunal; and (b) the instant registered trademark has not been used in the Republic of Korea for three consecutive years prior to the date of filing a request for revocation; and (c) thus, the registration should be revoked by falling under Article 73(1)3 of the former Trademark Act (wholly amended by Act No. 14033, Feb. 29, 2016; hereinafter “former Trademark Act”).
The Korean Intellectual Property Trial and Appeal Board filed a petition with the purport to the effect that the instant registered trademark was revoked. (2) The Korean Intellectual Property Trial and Appeal Board reviewed the said request for a trial on November 22, 2016, and the Defendant used the same mark as “” (hereinafter referred to as “actually used mark”) in Korea within three years before July 20, 2015, the date of the instant request for revocation, within three years before July 20, 2015, for the designated goods of the instant registered trademark, and the actual use mark can be deemed to be the same as the instant registered trademark under the transaction norms.