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(영문) 특허법원 2015.12.18 2015허5302

거절결정(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) Date of the application 1)/ application number of the trademark in this case: B/ C2: The number of designated goods of category 3: furnitures, booms, stones, earth bed, earth bed, roof bed, and yellow bed; and

(b) 1) The prior registered trademark 1 (A) the date of application / the date of registration / the registration / the registration number: October 23, 2001 / 40-053523 (b) on March 19, 2003: (c) the designated goods classified by category 11 (attached Form 1); the designated goods classified by category 11 are as shown in paragraph (1) of the prior registered trademark.

2) 2 (A) of the Prior Registered Trademark No. 2 (No. 2) / The filing date / the registration date / the registration number: The composition of January 26, 2004 / March 8, 2005 / No. 40-0610729(b) of the First Registered Trademark: The designated goods are listed in paragraph (2) of the Prior Registered Trademark No. 11 of the Classification of Goods.

3) 3 (No. 3 (A) of the Prior Registered Trademark) / Date of application / Registration / Registration : January 26, 2004 / May 11, 2005 / 40-061746 (b)): Designated goods constituting the First Registered Trademark (attached Form 3): Other than the designated goods of Category 20 (attached Form) of the Prior Registered Trademark.

4) 4(A)/registration date/registration number of the Prior Registered Trademark 4(2)(4)(4)(A)/registration date: The designated goods consisting of 4.1.26/3. 8/40-0610727(b) on January 26, 2004: (c) the date of application 5(2) of the Prior Registered Trademark 5(5)(5) on the classification of goods: The date of registration / the registration date / the registration number / (c) on April 24, 2008: The designated goods indicated in paragraph (4) of the Prior Registered Trademark 5(2) on March 8, 2005 (Attachment 4).

6) 6 (No. 6 (A) of the Prior Registered Trademark No. 6)/ Date of application / Registration / Registration : Composition of April 1, 2010/ 40-081863(b) on December 24, 2008: The designated goods are as indicated in paragraph (5) of the Prior Registered Trademark No. 20 on the classification of goods.

7) The filing date of the pre-registered trademark 7 (A) / the registration date / the registration number: The designated goods constituting the first-registered trademark on January 26, 2004 / March 8, 2005 / No. 40-0610726(b)): Electric stones of Category 11 in classification of goods;