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1. The decision made by the Intellectual Property Tribunal on September 19, 2018 by the Intellectual Property Tribunal on the case shall be revoked.
2. The costs of the lawsuit are assessed against the defendant.
Reasons
1. Basic facts
A. The filing date and registration date/registration number of the Defendant’s registered trademark (Evidence 1) of this case : C/D/E 2) previous designated goods: C/D/E mark (c) in category 25 of the goods: leather, shoes, knife, knife, knife, knife, strings, shackers and half-packers, locking locks, brue, scarf, scarf, pat, pat, knife, knife, knife, knife, knife (bat, gat, gat, greeat, gat,
B. The plaintiff's pre-use trademark 1) former : The products/service business using "ALO", "ALO YOGA" 2): the business of operating waweg, wnging, wrging, Titts, Titts, steging, and stedra (ALI), etc.
C. On November 17, 2016, the Plaintiff: (a) against the Defendant, who is the trademark holder of the instant registered trademark “” in the Intellectual Property Tribunal; and (b) the pre-use trademarks used by the Plaintiff manufacturing and selling wa and related products are widely known in the United States, etc. as well as domestic and foreign trademarks; and (c) the trademark of this case, which is identical or similar to the pre-use trademarks, is used for unlawful purposes, such as seeking unfair profits by creating a trademark for which the pre-use trademarks are not registered in the Republic of Korea; and (d) thus, the registration thereof shall be invalidated by falling under Article 7(1)12 of the former Trademark Act (wholly amended by Act No. 1403, Feb. 29, 2016; hereinafter “former Trademark Act”).
2) The registered trademark of this case does not fall under Article 7 (1) 12 of the former Trademark Act without any further consideration as to the remaining requirements, on September 19, 2018, inasmuch as the prior-use trademark was recognized as a trademark indicating the goods of a specific person by domestic or foreign consumers at the time of the application for the registered trademark of this case, the Korean Intellectual Property Tribunal has tried to invalidate the registration of the registered trademark of this case.