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1. The decision made by the Intellectual Property Tribunal on March 23, 2018 on a case No. 2016Da3749 is revoked.
2. The costs of lawsuit shall be.
Reasons
1. Basic facts
A. 1) Date of application/registration date//registration number of the instant registered trademark 1: D/ E/ trademark registration number F2: 3) Designated goods: A trademark right holder of the instant registered trademark: the Plaintiffs
(b) Composition of the challenged mark 1: 2) Goods using the used mark: The defendant;
C. 1) On November 24, 2016, the Defendant filed a request for a trial to confirm the scope of the right of the trademark of this case against the Plaintiffs on November 24, 2016, stating that “The instant registered trademark is named and conceptualized as “Korea Medical System,” but the mark subject to confirmation is named and conceptualized as “Korea Medical System,” and thus the appearance, name, and concept of the mark are different. In addition, the designated goods of the instant registered trademark are “medical system,” whereas the goods using the challenged mark are “non-medical system,” the goods using the challenged mark are “non-medical system,” and both are not similar in terms of their use and function.” (2) The Intellectual Property Trial and Appeal Board sought a trial to confirm the scope of the right of the instant registered trademark on March 23, 2018.”
[Grounds for recognition] The descriptions and images of Gap evidence Nos. 1 and 2, and the purport of the whole pleadings
2. The parties' assertion
A. The gist of the plaintiffs' assertion 1) Among the text parts of the challenged mark, the word "cognition of consent" and "Korea Medical Device" are different and different from the size of letters, so it can be separately observed. In such a case, the challenged mark can be called and conceptualized as "Korea Medical Device". Thus, the registered trademark of this case and the challenged mark constitute marks similar to the name and concept. 2) The designated goods of the registered trademark of this case.