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1. All of the plaintiffs' claims are dismissed.
2. The costs of the lawsuit are assessed against the Plaintiffs.
Reasons
1. Basic facts
A. 1) Date of application / Decision of registration / Registration / Registration / Registration / Registration : Q/ R/P2 of July 25, 1998: 3) Designated service business: The defendant
(b) A mark using a prior-use service mark 1: A and Nonparty S, each of which is used for the service of using snow lave (won 2): Ansan and retail 3 users:
C. On January 17, 2012, the Plaintiffs filed a petition for a trial for invalidation of registration with the Intellectual Property Tribunal against the Defendant on January 17, 2012, asserting that “the registered service mark of this case constitutes a service mark indicating the nature of the designated service business or having no other distinctive character, and falls under Article 6(1)3 and 7 of the Trademark Act, and falls under Article 7(1)7 of the Trademark Act because T’s registered trademark (hereinafter “registered trademark”) and its mark and goods (service) are similar thereto, and it is likely that consumers might be injured with respect to the prior-use service mark, and thus falls under Article 7(1)11 of the Trademark Act. 2) The Intellectual Property Tribunal reviewed the above request for a trial with the Intellectual Property Tribunal on July 13, 2012, and rejected all the above request for a trial on invalidation of registration on the ground that “the registered service mark of this case does not fall under the request of the Plaintiffs for a trial on the ground of Article 6(1)3 and 7(1)7(1)1)1 of the Trademark Act.”
3. The Plaintiffs filed a lawsuit seeking the revocation of the instant trial decision with the instant court on August 9, 2012, and this Court deliberated on this case’s case’s 2012Heo7390, and on January 18, 2013, the instant registered service mark falls under Article 6(1)3 and 7 of the Trademark Act with respect to optician business among the designated services, and thus, pursuant to Article 71(1)5 of the Trademark Act, the registered service mark falls under Article 6(1)3 and 7 of the Trademark Act.