Article 147 of the Patent Act shall apply to the scope to which the principle of res judicata is applied.

The application of the principle of res judicata under Article 147 of the Patent Act, which is applied mutatis mutandis by Article 51 of the Trademark Act, is limited to only a final and conclusive decision or judgment, etc. on the cancellation or invalidation of a trademark registration which is registered in the trademark register, or confirmation of the scope of its right, and it does not constitute an objection against a rejection ruling which cannot be registered in the trademark register, a decision on the reversal or return of a case for appeal

Article 51 of the Trademark Act, Article 147 of the Patent Act

[Defendant-Appellee] Plaintiff 1 et al., Counsel for defendant-appellee

Appellants

Korean Intellectual Property Office No. 133 decided on December 28, 1984

The appeal is dismissed.

The costs of appeal shall be assessed against the respondent.

We examine the grounds of appeal.

1. On the first ground for appeal:

Article 147 of the Patent Act, which applies mutatis mutandis under Article 51 of the Trademark Act, provides that "if a trial or a trial decision on a complaint under this Act becomes final and conclusive, or a trial decision on a complaint becomes final and conclusive, it shall be limited to a final and conclusive trial or a trial decision on the cancellation, invalidation, or confirmation of the scope of rights, which are registered matters in the trademark register, and it shall not be applicable to a trial or a decision on a trial or a decision on objection to trademark registration on a request for a trial on objection against a rejection ruling as to a rejection ruling as stated in the trademark register, which cannot be registered in the trademark register. The original trial decision to the same purport is justifiable, and it shall not be deemed that there is an error of law

2. On the second and third grounds:

According to the original decision, the court below decided that since around 1935, the claimant supplied food, food, and Bushes, which are the product of the claimant from around 1935 to the plaintiff's domestic literature, and that the trademark of this case, which was registered as the trademark of this case, had been sold to the tourist products exhibition held at the from October 15, 1971 to September 19, which was the application date of the trademark of this case, and the advertisement of the claimant was made to the art professionals published by the Japanese Association. The magazines regularly read in the Republic of Korea, which recognized the fact that the trade name or trademark of the claimant was remarkably recognized among the people interested in the same domestic industry, literature, and literature, and that the trademark of this case, which was registered as the trademark of this case, is identical to the trade name, appearance, name, and concept of the claimant's product, and that the registration was null and void since 190 times since 198, the above judgment of the court below and the judgment of the court below is justified.

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

Justices Choi Jae-ho (Presiding Justice)