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1. The decision made by the Intellectual Property Tribunal on July 9, 2018 on the case No. 2016Da4179 is revoked.
2. The costs of lawsuit shall be.
Reasons
1. Basic facts
A. On December 28, 2016, the Plaintiff claimed a registration invalidation trial against the Defendant, who is the trademark right holder of the instant registered trademark, as indicated in paragraph (b) below, as the Intellectual Property Trial and Appeal Board 2017Da4179, and in that trial proceeding, the Plaintiff asserted that “the instant registered trademark falls under Article 7 (1) 12 of the former Trademark Act (wholly amended by Act No. 1403, Feb. 29, 2016; hereinafter “former Trademark Act”) on July 9, 2018, because it cannot be deemed that prior used trademarks were known to the extent that they could be perceived as trademarks among domestic or foreign consumers at the time of filing an application for the instant registered trademark, the instant registered trademark does not constitute the Plaintiff’s request for a trial on the ground that Article 7 (1) 12 of the former Trademark Act is inapplicable.”
B. The Defendant’s registration number/filing date/registration date of the instant registered trademark: A/D/E composition of the trademark registration: The designated goods are as specified in attached Form 1.
(c) The composition of the Plaintiff’s pre-use trademarks: (A) products using trademarks 1 and (B) products: women’s clothes for women’s use and sports clothes for women: the date of commencement of use and areas of use, such as clothes, bags, and shoes: December 2, 2005; the U.S. 【Ground for Recognition】 without dispute; the entries in evidence 1 and 2; and the purport of the whole pleadings;
2. Whether the trial decision of this case is unlawful
A. The reason for the invalidation of the trademark registration of the Plaintiff’s assertion is F’s brand-affiliated mark that is well-known in relation to women’s clothing, etc., and “G” or “H” brand (hereinafter referred to as “G brand”) is a hub brand of F’s brand.
The "I" brand consisting of pre-use trademarks, etc. is G brand brand D at the time of the filing date of the instant registered trademark.