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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 1) Date of application / Date of decision on registration / Date of registration / Registration / Number : C/ 21 November 21, 2011 / d/ E2): Electric temperature 20 category of goods
B. Plaintiff’s pre-use trademark 1) composition: From around 1993, the Defendant constitutes a trademark used by the Defendant for the above period, in light of the circumstances where the number and composition of letters are identical to the pre-use trademark “pre-use trademark” and the trademark itself or all parts of the trademark itself, and continuously used and sold a brupted trademark (hereinafter “,” “,” “,” “,” and “the pre-use trademark”) that can be seen to be identical in light of trade norms.
(b) Goods using: The time of use: From the time of 1993.
C. (1) On July 24, 2018, the Plaintiff filed a trademark with the trademark right holder of the instant registered trademark with the Intellectual Property Tribunal, which is similar to the Plaintiff’s pre-use trademark (hereinafter “the instant registered trademark”) widely known in the trade industry, thereby causing misconception and confusion about the source of goods, and as such, the Plaintiff is a trademark which imitates the pre-use trademark and filed for an illegal purpose, and thus, it is entirely amended by Act No. 14033, Feb. 29, 2016; hereinafter the same applies).
(2) On September 11, 2019, the Korean Intellectual Property Tribunal dismissed the Plaintiff’s above request for a trial on invalidation of the trademark of this case by asserting that the registration should be invalidated because it falls under Article 7(1)11 and 12. (2) The Korean Intellectual Property Tribunal deliberated on the above request for a trial by 2018Dang2298, and it is difficult to view the registered trademark of this case as similar to the Plaintiff’s pre-use trademark, thereby falling under both Article 7(1)11 and 12 of the former Trademark Act.
[Reasons for Recognition] There is no clear dispute between the parties, or Gap 1 to 4.