205Heo964. Nullification of registration (Trademarks)

Nutrition Group

(2) the representative;

Attorney Lee Young-chul et al., Counsel for the defendant-appellant of L&C patent firm

United States Armed Forces

(2) the representative;

Completion of the completion of the patent attorney, Lee Ho-cheon

April 12, 2006

April 26, 2006

1. In the trial decision rendered by the Intellectual Property Tribunal on October 20, 2005 regarding the case No. 2005Ma932, part of the designated goods of the trademark No. 571862 of the registration number is revoked.

2. The plaintiff's remaining claims are dismissed.

3. Of the costs of lawsuit, 25% is borne by the Plaintiff, and 75% is borne by the Defendant.

The decision made by the Intellectual Property Tribunal on October 20, 2005 on the case No. 932 dated 2005 is revoked.

1. Basic facts

(a) Details of the trial decision;

The Defendant filed a petition for a trial on invalidation of the registration of the instant registered trademark under Paragraph (2) below, which is identical and similar to the prior registered trademark as described in Paragraph (3) below. The Korean Intellectual Property Tribunal rendered the instant trial decision which cited the Defendant’s claim on the ground that the instant registered trademark is similar to the prior registered trademark and its designated goods fall under Article 7(1)7 of the Trademark Act because it is similar to the prior registered trademark and also similar to its designated goods.

B. Composition of the registered trademark (1) of this case: (2) filing date/registration date/registration number: The designated goods on September 17, 2002/ January 15, 2004/Sgd. 571862 (3) of January 15, 2004: Between pages, straws, reds, reds, and reds powder (the 30th category of goods);

(c) Preregistered trademark;

Aphids Nos. (2) / Registration Date / Registration Number : / June 2, 1997 / Designated goods of No. 404203 (3) June 11, 1998 / 404203: Rads, pos, etc. (Classification No. 2 of goods at the time of application)

[Ground for Recognition: Facts without dispute]

2. Both claims;

A. Plaintiff’s assertion (1) The registered trademark of this case is composed of a large portion of the figure in which the well-known color is combined, and the part of the text also consists of a conspicuous geographical name “as the source is clearly identified through B, the pre-registered trademark consisting of three in Korean only is its appearance, concept, etc., and the designated goods of the pre-registered trademark of this case are similar to the pre-registered trademark of this case, which is a processed food, and the designated goods of the pre-registered trademark are different from the vegetable or negligence. Thus, the registered trademark of this case does not fall under Article 7(1)7 of the Trademark Act, since the pre-registered trademark of this case is not known to the extent that it can be perceived as a trademark of a specific person in relation to the designated goods. Thus, the registered trademark of this case falls under Article 7(1)11 and 12 of the Trademark Act.

subsection (1) of this section.

B. The Defendant’s assertion (1) The instant registered trademark and the prior registered trademark are identical to both the name, concept, “credits” and similar to the quality, use, marketing channel, scope of consumers, etc. of the designated goods. As such, the instant registered trademark was registered in violation of Article 7(1)7 of the Trademark Act. (2) In light of the reputation, period of use, advertisement, etc. of “non-credit festivals,” the prior registered trademark is widely known to the extent that it can obtain well-knownness, and the instant registered trademark is for the economic relation among the designated goods of both trademarks or for the wrongful purpose of dilution of source display function among the Plaintiff. Thus, the instant registered trademark was registered in violation of Article 7(1)11 and 12 of the Trademark Act.

3. Determination

A. Whether the trademark violates Article 7(1)7 of the Trademark Act (1)

The registered trademark of this case is composed of two parts of YEONG YG YGFREYY in English as “YOG YG YGG YYY” in Korean, and its appearance is different. The registered trademark of this case is composed of two parts in English, such as “non-credit”. The registered trademark of this case is composed of two parts in Korean.

However, in light of the name and concept, the registered trademark of this case is referred to as "the nutrition part" as the geographical name with weak distinctiveness and as the remaining "credits" portion among the registered trademark of this case is mainly referred to as "non-credits." Since it is referred to as "non-credits", which is the name of the pre-registered trademark, and it is merely referred to as "non-credits" with only one sound, and it is also referred to as "non-credits" and thus, it is similar to both trademarks. Since the non-credits per se refer to light or non-credits from turf without half-credits, the concept is the same and similar.

If so, both trademarks are likely to cause confusion about the source of goods due to the same and similarity between their names and concepts as a whole.

(2) Whether the designated goods are similar

먼저 이 사건 등록상표의 “ 고춧가루 ” 와 선등록상표의 “ 고추 ” 를 대비하여 보건대, 고춧가루는 건조시킨 고추를 별다른 가공절차 없이 절단하거나 빻기만 하면 만들어지는 것으로 그 형상, 품질이 유사하고, 양 상품 모두 직접 또는 중간상인의 수매를 통하여 재래시장, 슈퍼마켓, 할인점 등에서의 판매를 거쳐 음식점이나 일반 가정에서의 음식조 리시 양념 등으로 사용되고 있어 그 유통경로, 용도 및 수요자층 등 거래실정에 있어서도 공통점이 많으므로 서로 유사한 상품이라고 할 것이다 .

Next, in comparison with the "livers, ancients, and ancients, etc." of the registered trademark of this case and the "pre-registered trademark of this case", the term "hacks, ancients, and the term "straws, etc." belong to Chapter 9 of the group of goods in Chapter 30 of the group of goods in Chapter 30 of the group of goods in Chapter 9 of the group of goods in Chapter 30 of the classification of the goods, while the term "highs, etc." belongs to each group of goods in Chapter 2 of Chapter 29 and 31 of the group of goods in Chapter 2 of the group of goods in Chapter 29 of the group of goods, and there are different groups of goods in the group of goods in the group of goods in Chapter 2 of the group of goods in Chapter 29 and 31 of the classification of the goods, and the shape and quality of the goods are different from each other, even if the shape and quality of the goods are produced from large food processing companies, the shape of the goods are not common.

[Grounds for Recognition: Evidence Nos. 4 to 11, Evidence No. 12-1 to 11, and all the arguments

Thus, the registered trademark of this case is registered in violation of Article 7 (1) 7 of the Trademark Act, and its registration shall be null and void pursuant to Article 71 (1) 1 of the Trademark Act, with respect to the part of "strawing powder" except for the part of "booms, scoos, and scoos" among the designated goods.

B. Whether Article 7(1)11 and 12 of the Trademark Act is violated

Furthermore, in full view of the whole purport of the arguments as to whether the part of the designated goods of the instant registered trademark “livers, ancients, and vacants” was registered in violation of Article 7(1)11 and 12 of the Trademark Act, the Defendant selected a local symbol, which is an environmental insect rum, and held “non-faphif festival” every year from 1997. From 198, the Defendant was designated as an excellent planning and cultural festival of the Korea Culture and Arts Promotion Institute in 1999 and 200 as the cultural tourism axis of the Ministry of Culture and Tourism in 199 and 200. In addition, the Defendant’s use of the registered trademark as a regional festival to the extent that it would be necessary to 50,000 visitors to the date of the registration of the instant registered trademark, and further, the Defendant’s use of the registered trademark “non-faphifds” or “non-faphifs” or “non-faphifs” in relation to the designated goods of this case.

4. Conclusion

Therefore, the plaintiff's claim of this case is justified only as to the part of the designated goods "booms, ancients, and booms," and the remaining claims are dismissed. It is so decided as per Disposition.

Judges Lee Ki-taik

Judges Dora-ok

Judges Kim Tae-tae