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(영문) 특허법원 2018.07.12 2017허6880

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) Registration number B/C/D2) / Date of application: 3) Designated goods: A trademark right holder of a trademark right: sand screen, typology, type 9 of the product category, typology, typtos, typtos for swimming, typtos, photophones, earphones, earphones, earphones, earphones, earphones for the protection of protection, ear caps for sports use, gregras, calculating equipment, liphical insects, electric insects, electric shockers, electric shockers, and electric shocks 4): The Plaintiff;

(b) Composition of pre-use trademarks 1) : Products using pre-use trademarks 1(a) : A prior user: Defendant 2) : BLACK HLE 2(a) : A prior user: Defendant

C. 1) On November 25, 2016, the Defendant filed a petition for trial to invalidate the instant registered trademark on the ground that “The instant registered trademark is identical or similar to the pre-use trademarks widely known to indicate the goods of a specific person in Korea, and is designated goods identical or similar to those of the pre-use trademarks, which are identical or similar to the pre-use trademarks widely known to indicate the goods of a specific person, and constitutes a trademark applied for unjust purposes to acquire intangible values, such as credit and high-quality, accumulated in the pre-use trademarks.” 2) On August 23, 2017, the Intellectual Property Trial and Appeal Board filed a petition for trial to invalidate the instant registered trademark on the ground that “The instant registered trademark constitutes a trademark identical or similar to the pre-use trademarks recognized to indicate the goods of a specific person in Korea and applied for unlawful purposes” (amended by Act No. 14033, Feb. 29, 2016; hereinafter the same shall apply).

[Grounds for recognition] Each entry and video of evidence Nos. 1 and 2, and the purport of the whole pleadings.