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1. The decision made by the Intellectual Property Tribunal on March 14, 2014 on the case No. 2013/368 shall be revoked.
2. The total cost of the lawsuit.
Reasons
1. Basic facts
A. The Plaintiff’s registered trademark 1) filing date/registration date/registration date / renewal registration date/registration date: B//C//O on October 30, 1995 / Trademark D2) former : 3) The designated goods classified as Category 18: The document bags, handbags, non- precious metal product wallets, name cards, key cases, base return cases, fashion cases, straws bags, Bobags, Bobags, Bobags, Bobags, and 25 kinds of goods classified as Category 25.
(b) Defendant’s pre-use trademarks 1: (A) products using (a prior-use trademark 1), (a prior-use trademark 2), and (a prior-use trademark 3) products: table diskettes, table rackers, table racks, table racks, table racks, table racks, racks, table racks, table racks, racks for table use, and bags for sports
C. On February 10, 2012, the Defendant filed a petition for a trial for invalidation of registration with the Intellectual Property Tribunal on the ground that “The registered trademark of this case is likely to cause mistake or confusion between the pre-use trademarks and the source, and thus, it falls under Article 7(1)11 of the former Trademark Act (wholly amended by Act No. 1403, Feb. 29, 2016; hereinafter the same) and thus, the registration should be invalidated.”
(2) On March 14, 2014, the Korean Intellectual Property Trial and Appeal Board rendered a ruling of this case cited by the Defendant on the ground that “the instant registered trademark constitutes Article 7(1)11 of the former Trademark Act.” 3) The Plaintiff filed a lawsuit seeking revocation of the instant decision on April 9, 2014. On August 28, 2014, the court prior to the remanding of the instant registered trademark, which was known to the extent that the pre-use trademarks are recognized as trademarks of a specific person to domestic consumers at least in relation to the consignment goods at the time of the decision to register the instant registered trademark, and the instant registered trademark can be conceptualized or conceptualized only with “BUTTFLY” portion, and thus its overall mark is similar to the pre-use trademarks, and all designated goods of the instant registered trademark are economically related to products used by the pre-use trademarks.