1. Registration number No. 1102671 among the trials rendered by the Intellectual Property Tribunal on March 17, 2016 regarding cases No. 2015Da4282.

1. Basic facts

(a) The Defendant’s registered trademark 1 of this case / the filing date of the registration / the filing date of the application / the registration date: The trademark registration No. 1102671// the date of registration: / December 15, 2014 / April 29, 2015/ 2015: Three designated goods: Air conditioners, air air conditioners, air conditioners, air purification equipment, and machinery, air leisure equipment, air conditioning equipment, household air conditioners, oxygen, air drying equipment, and air drieder of the category of goods.

B. On August 17, 2015, the Plaintiff filed a petition for a trial for invalidation of the registration with the Intellectual Property Tribunal against the Defendant, who is a trademark holder of the instant registered trademark, on the grounds that “the instant registered trademark falls under Article 6(1)3 of the Trademark Act and thus its registration should be invalidated.” 2) After having deliberated on it as 2015Da4282, the Intellectual Property Tribunal deliberated on March 17, 2016 and decided on March 17, 2016, “The instant registered trademark is indicated in a common way as to the quality, efficacy, etc. of the designated goods, and thus falls under Article 6(1)3 of the Trademark Act. However, “the instant registered trademark” among the designated goods, acquired distinctiveness by use under Article 6(2) of the Trademark Act as to “the designated goods of the instant registered trademark and the remaining designated goods have not acquired distinctiveness by use.”

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 3, purport of whole pleadings

2. The gist of the grounds for revoking the decision is that the registered trademark of this case, one of the designated goods, indicates the quality, efficacy, etc. of the goods in a common way, and thus falls under Article 6(1)3 of the Trademark Act, and its distinctiveness by use under Article 6(2) of the same Act.