The defendant shall be innocent.

1. From January 2016 to the present date, the Defendant used “L” as a service mark for the car page service, which is similar to the D’F, G J H, J J J H, J J J MN, and J J K (hereinafter collectively referred to as “instant registered service mark”) to the Korea Intellectual Property Office, the Defendant, as a service mark registered in the Korea Intellectual Property Office, for designated goods car page, etc., and infringed the above C’s service mark right by using the mark “L” on its Internet homepage to promote the above car page service.

2. Determination

A. 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. Thus, as long as the registered 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 that sense, although there were grounds for invalidation of registration under the Trademark Act after registration of a trademark was made or after registration of a trademark was made due to an error in the failure to satisfy all the provisions of the Trademark Act concerning registration of a trademark, it would be contrary to the purpose of the Trademark Act to contribute to industrial development and protect the interests of consumers as well as to contribute to industrial development by maintaining the business credibility of trademark users by protecting the trademark.

In addition, trademark rights should be exercised in compliance with the concept of justice and fairness in response to the actual value of private property rights, and it is clear that the registration of a trademark will be invalidated and legally protected.