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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. Defendant’s registered trademark (a) 1) of this case / Date of application for decision of registration / Date of registration / Date of registration / Registration : C/ D/ E 2 April 6, 2009: (c) designated goods: odor of Category 21 of the classification of goods (non-electricly-electricly-type)
B. On April 26, 2017, the Plaintiff: (a) against the Defendant, the trademark holder of the instant registered trademark “” in the Intellectual Property Tribunal; and (b) the instant registered trademark constitutes a common name or tolerance mark of designated goods; (c) constitutes a technical mark indicating the quality and efficacy of the designated goods; and (d) a trademark which does not enable consumers to identify whose business it indicates the goods; and (c) the type or quality of the designated goods is likely to mislead the Defendant, the trademark holder of the instant registered trademark “” in the Intellectual Property Tribunal; and (d) an application was filed with the intent of unjust enrichment by taking advantage of the business credit, etc., of the designated goods, which is a well-known mark of the U.S.F company, or to inflict damage on a specific person.
Therefore, the instant registered trademark falls under Article 6(1)1 through 3 and 7, and Article 7(1)11 and 12 of the former Trademark Act (wholly amended by Act No. 14033, Feb. 29, 2016; hereinafter “former Trademark Act”) and its registration should be invalidated.
The Patent Tribunal filed a petition for invalidation trial against the instant registered trademark with the purport to the effect that the instant registered trademark was invalidated. (2) The Intellectual Property Tribunal deliberated on the said petition in the case of No. 2017 Party 1318, and on March 23, 2018, the instant registered trademark is not directly identified as “air floor smell,” “snicking, such as air,” “snicking,” “snicking,” “snicking,” “snicking, or snicking, with an air story function,” and thus, it does not constitute an ordinary name, official mark, or technical mark of the designated goods, but has independent distinctiveness in relation to the designated goods.
In addition, this shall apply.