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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
(a) The filing date and the registration date/registration number of the Defendant of the instant registered trademark (A2 No. 1): the designated goods on September 7, 2012 / 10, 2014 (No. 1074942) : 3) : as stated in [Attachment 1]. (b) Date of the Plaintiff’s registered trademark (A. 3 evidence) / the registration date / the registration number: B/C/D2) old : 3) : Newly Inserted by Act No. 25 of the classification of the goods, (3) new uniforms, children’s clothes, sweves, juts, dourts, typts, sports air conditioners, air conditioners, air conditioners, leathers, leather, leather, leather, steves, yellow, lut, cryp, pump, pump, pump, pump, pump, pump, pump, pump, pump, p, pump, bar, bar, bar-free, p, bar, bar, bar, bar, bar, p.
C. On August 10, 2015, the Plaintiff asserted that the Defendant, a trademark holder of the instant registered trademark “,” among the instant registered trademarks, the designated goods indicated in the instant registered trademark (“attached Form 2”) violated the earlier application principle and submitted as evidence the instant registered trademark at the first stage of the instant adjudication, and based on which the Plaintiff filed an application in E and the F-registered international registration number G registration number’s earlier application was used as evidence. However, in the instant lawsuit, the Plaintiff did not assert that the instant registered trademark was based on the earlier application.
Since the mark and the designated goods are similar thereto and thus contravenes the earlier-application principle under Article 8(1) of the former Trademark Act (amended by Act No. 14033, Feb. 29, 2016; hereinafter “former Trademark Act”), the registration shall be invalidated pursuant to Article 71(1)1 of the former Trademark Act.
The registered trademark of this case (attached Form 2) claimed a registration invalidation trial against each of the designated goods listed in the instant registered trademark (attached Form 2). 2) The Intellectual Property Trial and Appeal Board shall examine the said request for a trial as the case 2015Da4206, and shall make February 1, 2017.