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1. The decision made by the Intellectual Property Tribunal on October 12, 2017 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
(a) The Defendant’s registered trademark (Evidence No. 2 and 3) 1)/ The filing date of the instant registered trademark / the registration number: B/C/D 2) previous designated goods: The increased number of non-metallic goods of Category 22, the quantity of a non-metallic goods, carvings, carvings (a tent, sea-glass, mountain-proposes, square-proposes, carvings, square-proposes, carvings, carvings, strawings, content.
(b) The plaintiff's pre-use trademark 1) Gu: NTUREHIKE 2) products: content, cryp, cryp, bryp, and camping goods.
C. 1) The Plaintiff filed against the Defendant with the Intellectual Property Tribunal for a registration invalidation trial against the Plaintiff, “The instant registered trademark constitutes Article 7(1)12 of the former Trademark Act (amended by Act No. 1403, Feb. 29, 2016; hereinafter “former Trademark Act”) by asserting that “The Plaintiff’s prior-use mark widely known to the Republic of Korea and China constitutes a prior-use mark, but the prior-use trademark was specified as “NTUREHE” in the preparatory document of April 18, 2018 during the instant lawsuit. (A) The prior-use mark was identical or similar to the prior-use trademark (hereinafter “NTUREE”), and the prior-use mark was widely recognized as indicating the Plaintiff’s source between domestic and foreign consumers at the time of the filing of the application, but was registered for an illegal purpose. Accordingly, the Plaintiff’s request for a trial against the instant registered trademark was rejected to the extent that it did not have any evidence indicating the Plaintiff’s source at the time of the filing of the instant trademark registration invalidation trial against the Plaintiff.”
[Ground of recognition] Facts without dispute, entries in Gap evidence 1 to 3 and the purport of the whole pleadings
2. The gist of the plaintiff's assertion (the grounds for revocation and selective assertion of the trial decision);
A. The registered trademark of this case under Article 7 (1) 12 of the former Trademark Act is widely known at home and abroad.