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(영문) 특허법원 2016.04.22 2015허5609

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 date of application of the Plaintiff’s registered service mark (A No. 1) 1/ the date of registration/registration number: on November 28, 2012, 2014/14, No. 2778132): 3 designated service business: Cosmetics sales agency business, cosmetics sales brokerage business, cosmetics retail business, cosmetics purchase agency business, cosmetics purchase agency business, cosmetics-related consumer research service business, cosmetics-related commercial information manufacturing business, meck sales business, meck sales business, meck sales business, export and import agency business, and eck sales business for cremation removal.

B. Defendant’s pre-use trademark 1) Gu: Products used in the “C-TRI” and “C-TRI” 2: Cosmetics and medicine

C. The Defendant, other than the Defendant’s prior trademarks, submitted “(No. 513830, No. 17)” of the prior registered trademark 2 as the subject of comparison with the instant registered service mark. However, as seen below, it is not used in comparison with the instant registered service mark, and thus, an explanation thereof is omitted.

1) The filing date of the registered trademark (No. 20 No. 1) / the expiration date/registration number: on Nov. 1, 2007 / August 28, 2008 / 7, 2014 (No. 75890 (b) old : c): Mascing in Category 3 of the Product Classification : Hembling, gel for massageing, skin-fating, skin-camping, cosmeticing, shamping, shamping, shampers for disinfection, shampers, compost for disinfection, shampers, shampering, 200, mecherecing, cl. 1, 207, mec. : cosmetics, mec. c. 5,000, mec. mec. g., mec. g. g., mec., mec. g., c. g. mec.