The meaning of an interested party entitled to request a invalidation trial under the Trademark Act

An interested party under Article 43 (2) of the Trademark Act refers to a person who has a direct interest in the extinguishment of a respondent's trademark because he uses a trademark identical or similar to the registered trademark or sells goods of the same kind as the designated goods of the registered trademark.

Article 43(2) of the Trademark Act

Busan Food Industry Co., Ltd., Counsel for the defendant-appellant

Patent Attorney Jung-dae et al., Counsel for the defendant-appellant

Korean Intellectual Property Office Decision No. 121 decided Nov. 30, 1988

The appeal is dismissed.

The costs of appeal shall be borne by the respondent.

The grounds of appeal are examined within the scope of the law related to the grounds of appeal.

An interested party under Article 43 (2) of the Trademark Act refers to a person who has a direct interest in the extinguishment of a trademark that is identical or similar to the registered trademark, or in selling goods of the same kind as the designated goods of the registered trademark. Thus, as the court below duly acknowledged, if the respondent uses in addition to the registered trademark of this case a mark similar to that of the claimant, and if the designated goods are identical to the designated goods, the claimant is an interested party that can assert the cancellation of the registered trademark of this case. The arguments are groundless.

Therefore, the appeal is dismissed, and all costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices.

Justices Yoon So-young (Presiding Justice)