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(영문) 특허법원 2018.08.24 2018허3123

등록무효(상)

Text

1. A trademark registration number B of a trial decision rendered by the Intellectual Property Tribunal on February 6, 2018 regarding cases No. 2016Da2778.

Reasons

1. Basic facts

A. The Defendant, on September 8, 2016, followed by the instant trial ruling.

The Plaintiff asserted that the registered trademark of this case, as indicated in the Plaintiff’s claim, falls under Article 7(1)7 of the former Trademark Act (Amended by Act No. 14033, Feb. 29, 2016; hereinafter the same), and that the trademark registration should be invalidated, and filed a petition for registration invalidation trial against the Plaintiff under the Patent Tribunal No. 2016Da2778.

Accordingly, the Korean Intellectual Property Tribunal on February 6, 2018 (hereinafter referred to as the instant registered trademark) shall be as follows.

The defendant's prior registered trademark and the mark are similar, and the designated goods are identical or similar to those of the designated goods, so the registration should be invalidated as they fall under Article 7 (1) 7 of the former Trademark Act. The defendant's judgment of this case was rendered to fully accept the defendant's request for adjudication.

(b) The registration number/application date/registration date of the instant registered trademark: The designated goods consisting of sads for the urinals, transformations, changes, and rains for the urinals of Category 11 classified into the goods: devices for changing equipment installed in washing water sprayers, urinals for sanitary equipment, showers, screeners (sanitary equipment parts), spackers (sanitary equipment parts), handbaths, bath, bathing, bathing equipment parts, mobile Turkey knicks, revolving sponss, revolving type-type seps, air conditioners, air conditioners, heating/veners, and air conditioners: The Plaintiff;

(c) The registration number/application date/registration date of the prior registered trademark: The registration number/application date of the trademark: The registration date of the trademark: The changed (t) type No. 1146256/256/24 March 24, 2014/ December 2, 2015: The designated goods: The changed (bides), changed (pides), changeer devices for washing water gas sprayers, renals for sanitary equipment, renals for sturine sturines, shower, screen (part of sanitary equipment), bath, bath, shower, showers, water flad, water supply power, water supply power, and screen (part of sanitary equipment): The fact that there is no dispute over the trademark right holder's ground for recognition of the defendant, Gap, 1, 2, 3, and 5, and the purport of the entire pleadings, as a whole;

2. Whether the trial decision of this case is unlawful

A. The gist of the Plaintiff’s assertion 1) The part of the registered trademark of this case, “a” and “a,” are referred to both as “a” and “a” (hereinafter referred to as “the instant registered trademark”).