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(영문) 특허법원 2017.09.15 2017허3850

등록무효(상)

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff’s registered trademark 1) filing date/registration date/registration number: 1/201/11/20 on November 29, 2013 / Trademark Registration No. 1010922 on December 29, 2013: 3 designated goods classified by category 20

(b) The Defendant’s registered trademark and the pre-registered trademark 1 A)/registration date / 10 of the pre-registered trademark : Date of application 2(a)/registration date of the pre-registered trademark : March 19, 2001 / June 16, 201 / Trademark 543523(b)): The designated goods of Category 11 of the product classification: Electric intrudes, Non-Medical Electric Fiters, Electrical Fiters, Electricity ioners, Electricity ioners, electricity ruptures, ruptures, electric ruptures, no-medical ruptures, no-medical rupture 2(a) / 10 of the pre-registered trademark : Date of application / 200 of the pre-registered trademark : Date of registration / 2(3) of the pre-registered trademark / 400 of the pre-registered trademark / 201.71/208 of the pre-registered trademark /48.20

C. On July 1, 2015, the Defendant: (a) against the Plaintiff on July 1, 2015; and (b) on the instant registered trademark, the former Trademark Act (wholly amended by Act No. 14033, Feb. 29, 2016; hereinafter the same applies)

(2) On April 27, 2017, the Intellectual Property Tribunal filed a petition for a registration invalidation trial by asserting that the registration should be invalidated by falling under Article 7(1)7, 9, 11, and 12 (see Supreme Court Decision 2015Da3746, Apr. 27, 2017).

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