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1. The decision made by the Intellectual Property Tribunal on May 1, 2015 on the case No. 2014Dang2892 shall be revoked.
2. The costs of lawsuit shall be.
Reasons
1. Basic facts
가. 이 사건 등록서비스표 1) 출원일/ 등록일/ 등록번호: B/ C/ D 2) 구성: 3) 지정서비스업: 서비스업 구분 제43류 간이식당업, 간이음식점업, 관광음식점업, 레스토랑업, 바(bar 서비스업, 뷔페식당업, 서양음식점업, 셀프서비스식당업, 스낵바업, 식당체인업, 식품소개업, 음식조리대행업, 음식준비조달업, 일반음식점업, 카페업, 카페테리아업, 패스트푸트식당업, 한식점업, 한식점경영업, 관광숙박업
나. 확인대상표장 1) 구성: 2) 사용서비스업: 스낵바업, 바(bar)서비스업, 생맥주전문점 운영업
C. 1) On November 17, 2014, the Defendant filed a petition against the Plaintiff for an affirmative trial to confirm the scope of rights by asserting that “the challenged mark belongs to the scope of the right of the instant registered service mark, since the trademark subject to confirmation and the registered service mark of this case are sharing the trademark in the shape, name, and concept,” which is the essential part of the Intellectual Property Tribunal,” and that the trademark subject to confirmation falls under the scope of the right of the instant registered service mark. 2) On May 1, 2015, the Intellectual Property Tribunal rendered a trial decision citing the instant petition for a trial to confirm the scope of rights by asserting that “the challenged mark is identical with the registered service mark of this case, but its title and concept are different,” and the overall mark is similar. The designated service business of the instant registered service mark is identical or similar to the service business of the challenged mark subject to confirmation and the designated service business of the instant registered service mark is identical.”
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings
2. Summary of parties' arguments and the issues of the instant case
A. The summary of the grounds for revoking the Plaintiff’s assertion 1 as to the Plaintiff’s assertion is the instant registered service mark as a whole referred to in Section 3, and the challenged mark is widely known domestically as a well-known trademark, and thus, the instant registered service mark is deemed to be a “finite air,” as a trademark as a whole.