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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) Date of application/registration/registration number of the Defendant’s registered trademark 1) / B/C/registration number: 3) Designated goods: ice cream, ice cream, ice cream, ice cream, Aice cream mixing, Aice cream, cream, tea, tea, tea, processed tea products, coffee, coffee, coffee, coffee, coffee, scream, scrink, scrink, fice, cream, scam, scam, scam, scack, scack, scack, scack, scack, and spack ( cand and spick) classified into goods;
(b) The Plaintiff’s prior-use trademarks 1A) filing date/registration date/registration number: (c) the designated goods constituting February 15, 2010 / Trademark No. 904805 (b) on October 26, 2010: products classified into category 32 other than energy beverages (attached Form 1; hereinafter the same shall apply): The date of commencement of use of non- alcohol beverages (i.e. energy link, e., energy link, etc.) / the date of filing of the prior-use trademarks 2(A)/registration date of the United States (U.S. 2A) / the date of filing of the first-use trademark 2(a)/ the date of registration, and the first-use goods of Category 3(D) of the Republic of Korea on June 28, 2010 and the first-use goods of Category 2(D) / 10(3) of the first-use goods of Category 2(D) of the Sports Act.
C. On December 4, 2015, the Plaintiff registered the instant registered trademark against the Defendant on December 4, 2015 with the Intellectual Property Tribunal similar to the Plaintiff’s prior registered trademark 1 and 2, and may cause confusion as to the source by causing confusion as to consumers. As such, inasmuch as the instant registered trademark was registered for the purpose of obtaining unjust benefits by taking advantage of the reputation of 1 and 2 of the prior registered trademark 1 and 2, the former Trademark Act (wholly amended by Act No. 14033, Feb. 29, 2016; hereinafter the same applies).
) A petition for a trial for invalidation of registration was filed by asserting that the registration should be invalidated by falling under Article 7(1)7, 11, and 12 (2).