The prosecutor's appeal is dismissed.

1. The gist of the grounds of appeal is that the trademark right of this case is obviously null and void in the absence of any legal problem with its right.

In light of the above, the judgment of the court below which acquitted the charged facts of this case is erroneous in the misunderstanding of facts and legal principles.

2. Determination

A. No person charged with the instant facts shall use a trademark identical to another person’s registered trademark on goods similar to the designated goods or use a trademark similar to another person’s registered trademark on goods identical with or similar to the designated goods.

Nevertheless, from October 6, 2015 to the present date, the Defendant: (a) added “F” registered with the Korean Intellectual Property Office to “F” (hereinafter “F”) for designated goods carpets; (b) used “G”, a similar trademark, as a trademark for carpets by adding “F” to the trademark “F” registered with the Korean Intellectual Property Office on July 3, 2015 for designated goods carpets; and (c) infringed on the above D’s trademark right, such as manufacturing approximately 200 physical bottles, on which the trademark of “G” was marked on the side of transparent plastic bottles in order to promote the said carpets business.

B. The lower court determined that the Defendant infringed the trademark right of this case on the ground that it is not clear that the evidence presented by the prosecutor alone would retroactively invalidate the trademark of this case.

Since it is insufficient to recognize the above facts charged, it was sentenced not guilty according to the latter part of Article 325 of the Criminal Procedure Act.

(c)

1) The Trademark Act provides that a registered trademark may be invalidated through a trial for invalidation of registration of a trademark separately prepared in a case where the registered trademark falls under a certain reason, so long as the trademark is registered, there is a ground for invalidation of registration.

Even if a trial decision that such a trial decision be nullified is not final and conclusive, it shall not be null and void.

In this regard, registration may be obtained because all the provisions of the Trademark Act concerning trademark registration are not satisfied.