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The judgment below
Of them, the part concerning the trademark rights registered by G shall be reversed.
Defendant shall be punished by a fine of 300,000 won.
Reasons
1. Progress of judgment and scope of judgment of this court;
A. On July 20, 2018, the lower court held that “each of the instant trademarks” was “each of the instant trademarks,” and “trademarks registered by D” or “G,” as to each of the respective service marks, including the E service marks and the E-ro service marks registered by D (hereinafter the above two service marks).
(2) On July 17, 2019, the Patent Tribunal rendered a decision to dismiss a request for a trial on each of the trademark rights of this case, but the Patent Court rendered a decision to revoke the said decision, and the Supreme Court dismissed the appeal on May 10, 2019 (see, e.g., Supreme Court Decision 2019Hu10159 and 2019Hu10166), all of the trademarks of this case were acquitted on the ground that each of the trademark rights of this case is invalid (see, e.g., Supreme Court Decision 2019Hu10159 and 20166).
Therefore, the prosecutor appealed to the acquittal part of the judgment prior to remand on the violation of the Trademark Act registered by G, on the ground of the misapprehension of legal principle.
3. On October 31, 2019, the Supreme Court did not find out that the trial decision invalidating trademark registration becomes final and conclusive with respect to the trademark right registered by G. Thus, the trial before remanding the case where G’s trademark right is deemed null and void is erroneous in the misapprehension of legal principles as to the validity of trademark rights. The part of the judgment of the party before remanding the case where G’s trademark right is reversed and remanded to this court.
B. Of the judgment of the court below on the violation of the Trademark Act regarding the trademark right D registered in this court’s scope of trial, since the defendant and the prosecutor did not appeal all the judgment on innocence before remand, the judgment on acquittal is separated from the final appeal part of the judgment of the court below, and the scope of the trial after remanded the judgment of the court below,