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1. The decision made by the Intellectual Property Tribunal on March 27, 2018 by the Intellectual Property Tribunal on the case shall be revoked.
2. The costs of the lawsuit are assessed against the defendant.
Reasons
1. Basic facts
가. 원고의 이 사건 등록서비스표(갑1호증) 1) 출원일/ 등록결정일/ 등록일/ 등록번호 : C/ 2016. 7. 27./ D/ E 2) 구 성 : 3 지정서비스업 : 서비스업류 구분 제43류의 간이식당업, 레스토랑업, 뷔페식당업, 서양음식점업, 셀프서비스식당업, 스낵바업, 식당체인업, 음식조리대행업, 음식준비조달업, 일본음식점업, 제과점업, 주점업, 중국음식점업, 카페업, 커피전문점업, 패스트푸드식당업, 한식점업, 항공기 기내식 제공업, 요리기구대여업, 의자/테이블/테이블린넨/유리식기 임대업
(b) Filing date 1)/registration date 1)/ registration date / renewal date / registration number : F/ G/ H 2) designated service business: Tourist restaurant business, theater-type restaurant business, theater-type restaurant business, theater-type restaurant business, Korean food entertainment tavern business, Korean food store management business, theater-type store business, theater-type store recruitment business, theater-type restaurant specialized restaurant, theater-type restaurant, tourist accommodation facility guidance business, accommodation facility operation business 4): Defendant;
C. (1) On January 16, 2017, the Defendant: (a) against the Plaintiff, who is the holder of the instant registered service mark “” in the Intellectual Property Tribunal; (b) the instant registered service mark is similar to the pre-registered service mark 1 “” and the pre-registered service mark 2 “; and (c) the designated service business falls under Article 7(1)7 of the former Trademark Act (wholly amended by Act No. 14033, Feb. 29, 2016; hereinafter “former Trademark Act”); and (d) the registration thereof should be invalidated.
The Korean Intellectual Property Tribunal asserted to the purport that the instant registered service mark was invalidated, and filed a petition for adjudication on the invalidation of the registration of the instant registered service mark. (2) The Korean Intellectual Property Tribunal deliberated on the said request for adjudication in 2017Da133, and subsequently, on March 27, 2018, the term “definite” constituting the instant registered service mark is distinctive in relation to the food service business, which is the designated service business