TITLE	Supreme Court Decision 2017Hu752 Decided August 14, 2019 ¡¼Invalidation of Registration (Trademark)¡½ [full Text]
Summary
[1] Requirements for a registered trademark to meet the conditions under Article 7(1)12 of the former Trademark Act and the standard for determination Whether this legal principle applies to the case concerning the service mark (affirmative) [2] In the case where: (a) Foreign Company A, the right holder of the prior use trademark/service mark ¡° (img1),¡± filed a petition for a trial for revocation of registration against Company B, the applicant of the registered mark/service mark ¡° (img2),¡± arguing that the said registered mark/service mark met the requirements under Article 7(1)12 of the former Trademark Act, a case holding that: (a) at the time of the filing of the registered mark/service mark, the prior use trademark/service mark was acknowledged as a particular person¡¯s service mark, at least among foreign customers, with respect to the relevant services industry; (b) Company B obviously emulated the prior use trademark/service mark and filed the registered mark/service mark with an illegal intent to cause damage to Foreign Company A, the right holder; (c) nevertheless, the lower court determined otherwise, and in so determining, erred by misapprehending the legal principle

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