Patent Court Decision, 2019Heo1308, decided November 13, 2020 (‘BOUNCE’
Case)
Registered Service Mark at Issue
Prior-registered trademark
Earlier-filed service mark
The subject service mark falls under the grounds for invalidation under Article
6(1)(iii) and (vii) of the Act in its relationship with ‘providing recreational
and amusement facilities featuring trampolines’ among the designated service
businesses thereof, but in its relationship with ‘Provision of paly facilities for
children, providing recreational and amusement facilities,’ except for the
above designated service business, it cannot be considered to have grounds
for invalidation under Article 6(1)(iii) and (vii) of the Act, nor has it the
grounds for invalidation under Article 7(1)(vii) of the Act in its relationship
with the prior-registered trademark and under Article 8(1) of the Act in its
relationship with the earlier-filed service mark claimed by the plaintiff. As
a result, the portion of the IPTAB decision that does not accept the plaintiff’s
claim ‘providing recreational and amusement facilities featuring trampolines’
among the designated service businesses of the subject service mark has
erroneous grounds for concluding otherwise, but the remaining decision
concluding the same shall be upheld. Thus, the plaintiff’s claim to revoke
the IPTAB decision is well grounded within the scope of the above
recognition and shall be granted and the remaining claim is without merit and
therefore dismissed.