2017Hu172. Nullification of registration (Trademark)

Montreal Energycomer (Monter Enigy Commonpa ny)

Mad Mazz Mazsch Rexb Macropos

(Md Catz Inactive, Inc.)

Patent Court Decision 2016Heo616 decided December 29, 2016

April 10, 2018

The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

The grounds of appeal are examined.

The lower court, as designated goods, designated goods, such as “ smartphones, tables computers, clothing, etc.”

registered trademark of this case (the trademark of this case) which is composed of the right and

No. 1095648) Registration No. 1095

When compared with a prior registration (use) trademark consisting of designated goods and at the right time; or

The court determined that it was not dead.

Examining in light of the relevant legal principles and records, the lower court’s determination as above is alleged in the grounds of appeal.

It is well-founded by misapprehending the legal principles on determining similarity of this trademark, thereby failing to exhaust all necessary deliberations.

(2) the Corporation.

Therefore, the appeal is dismissed, and the costs of appeal are assessed against the losing party. It is decided by all participating Justices.

It is decided as per Disposition by the assent of all participating Justices.

Justices Kim Jae-hyung

Justices Kim Chang-suk

Justices Cho Jong-hee

Justices Min Il-young