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1. The decision made by the Intellectual Property Tribunal on May 23, 2019 by the Intellectual Property Tribunal on the case No. 2017Da2987 shall be revoked.
2. The costs of lawsuit shall be.
Reasons
1. Basic facts
(a) Trademark 1) Date of application/registration date//registration number: C/D/E 2: Designated goods: (iii): Medical electrical product inhalers; medical product inhalers; medical product inhalers; medical product electrical substance removal equipment; medical product placement equipment; medical product removal equipment; medical product spraying equipment; medical product electrical equipment weapons; and non-fector 4): Plaintiff;
(b) Composition of the challenged mark 1: Goods used: Defendant 3 user of the washing machine;
C. On September 19, 2017, the Plaintiff filed a petition against the Defendant for a trial to confirm the scope of rights by asserting that the Defendant mark subject to confirmation is identical or similar to the Plaintiff’s registered trademark, and that the mark subject to confirmation falls under the scope of rights of the Plaintiff’s registered trademark as well as the goods using the challenged mark and the designated goods of the registered trademark, and that the challenged mark falls under the scope of rights of the Plaintiff’s registered trademark. 2) On May 23, 2019, the Intellectual Property Tribunal deliberated the instant petition for a trial as 2017Da2987. The Defendant’s challenged mark subject to confirmation is not similar to the Plaintiff’s registered trademark, and thus, did not fall under the scope of rights of the Plaintiff’s registered trademark, without
(hereinafter “instant trial decision”) D.
(1) The Defendant: (a) on June 8, 2017, the registered trademark is wholly related to the designated goods under the former Trademark Act (amended by Act No. 12751, Jun. 11, 2014; hereinafter the same shall apply).
(1) Article 6(1)3 of the former Trademark Act provides that “The term “the medical arms” and “the medical electrical weapons” among the designated goods constituted Article 7(1)11 of the former Trademark Act. The Intellectual Property Trial and Appeal Board (2017Da1741) filed a petition for a registration invalidation trial against the Plaintiff on January 24, 2018. The Intellectual Property Trial and Appeal Board (2) rendered a trial decision against the Defendant’s above appeal on January 24, 2018. Accordingly, the Plaintiff was dissatisfied with the Patent Court Decision 2018No2144, and the said court on November 23, 2018.”