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(영문) 특허법원 2017.04.14 2016허8322

거절결정(상)

Text

1. The decision made by the Intellectual Property Tribunal on September 20, 2016 by the Intellectual Property Tribunal on the case shall be revoked.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. Basic facts

(a) The filing date and the application number of the Plaintiff’s trademark(A) 1: on March 5, 2015, 40-2015-1620 (2) the former part of the trademark: 3) the designated goods classified as the category of goods: the processed meat as provided for in Category 29, the processed chickens, the processed swine, the processed beef, the processed meat, the processed meat, the preserved scrap (Meat ved meat), the preserved meat (Meat).

B. 1) On July 31, 2015, the examiner of the Korean Intellectual Property Office recognized the trademark of this case as "the trademark of this case is newly created by mixing two or more different types with others, etc." and "the trademark of this case" as "the trademark of this case" and "the trademark of this case is composed of "" and "the shape of cattle, chickens, turkey, turkey, turkey, and pigs in the form of a flue fluent singing the shape of pigs," and "the trademark of this case is a composite trademark of this case, "the shape, quality, etc. of the goods (quality, raw materials, etc.) which are generally used by the examiner of the Korean Intellectual Property Office, and as a whole, it is not possible to distinguish the trademark related to the business of ordinary consumers because it goes beyond the heating meaning of each constituent part and it is not possible to obtain trademark registration under Article 16 (3) of the former Trademark Act (wholly amended by Act No. 1372, Feb. 3, 2016, 2019).

The notice of submission of the opinion (No. 4) was given to the Plaintiff. 2) Accordingly, the Plaintiff presented a written opinion reflecting the contents of the notice of submission of the opinion on September 7, 2015. However, the Korean Intellectual Property Office examiner on November 11, 2015, where the trademark applied for registration is used for all the designated goods, the quality of the designated goods, raw materials, etc., and the distinctiveness thereof is recognized.