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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) Registration number 1) / Date of application / Date of registration: Marks No. 1109314/4/ April 22, 2014) designated goods: 3) designated goods: A trademark right holder is as shown in attached Table 1: Defendant.
B. The pre-registered trademark and pre-registered trademark 1) The pre-registered trademark submitted by the Plaintiff in the instant trial decision on the pre-registered trademark: (a) the registration number is No. 697656; and (b) the mark was written as “MONTS” and “ENERGY” without being maintained. (a) the registration number / the filing date / the date of registration / the date of registration: (c) the mark on October 26, 2010: (d) the trademark right holder: Plaintiff 2) the goods using the pre-registered trademark: (b) the goods using the pre-registered trademark: attached Form 3.
C) Date of commencement of use: A trademark user on March 27, 2002: Plaintiff
C. On December 4, 2015, the Plaintiff asserted that “The registered trademark of this case is identical or similar to the prior registered trademark, the prior registered trademark, the prior used trademark, and the designated goods widely known as the Plaintiff’s trademark, or is likely to mislead consumers as to the quality of goods, or is registered for the purpose of obtaining unjust profits or causing damage by taking advantage of the credit and reputation accumulated in the prior registered trademark and the prior used trademark, and thus, the Plaintiff’s trademark cannot be registered under Article 7(1)7, 11, and 12 of the former Trademark Act (amended by Act No. 1403, Feb. 29, 2016; hereinafter the same) and filed a request for a invalidation trial on December 14, 2015, the Intellectual Property Tribunal cannot be deemed to fall under “the prior used trademark of this case and the prior used trademark of this case” under Article 7(1)7 of the former Trademark Act and Article 7(1)7 of the former Trademark Act (amended by Act No. 14035, Oct. 18, 2016, 2017.