[상표등록무효][집17(3)행,038]
A. The term “unexplosion” means that a registered trademark is null and void because there is no special reason to identify the release of the trademark.
(b) A person who does not manufacture the same kind of goods at the time of trademark registration and does not obtain the necessary permission, but is entitled to seek the confirmation of invalidity of the registered trademark.
A. The term “influent pledge” is null and void because there is no special reason to identify the release of a registered trademark.
(b) A person who does not manufacture the same kind of goods at the time of trademark registration and who does not obtain the necessary permission, is entitled to seek the confirmation of invalidity of the registered trademark.
Article 1 of the Trademark Act, Article 24 of the Trademark Act, Article 25 of the Trademark Act
Dok chemical industrial operator, Inc.
Peace Maintenance Industry Corporation
Patent Country
The appeal is dismissed.
The costs of appeal shall be borne by the respondent.
Health Care Service for 1, 2, and 3 reasons for appeal by an agent of the respondent;
In its reasoning, the original adjudication on the trademark of this case (trademark registration number omitted) is a character trademark with the bordering "in Korean," and it is registered on September 17, 1966 with the intention of not claiming the right to the dental medicine as designated goods. However, since it is obvious that the name of the source of the finite and the effect of preventing shock if the finite contains the finite compound in the finite, it is obvious that the finite is a product with the name of the finite and the finite compound in the finite, and the quality and efficacy of the finite are merely expressed by expressing the name of the component of the finite component in a common way, so the above registered trademark is not obvious and thus, it cannot be said that there is an error of law such as misunderstanding legal principles as the judgment criteria or content, and if a claimant for the trademark registration of this case has been made after the registration of the finite, the court below's judgment below did not have any ground to invalidate the above trademark.
Therefore, the appeal is dismissed and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices.
Supreme Court Judges Kim Young-chul (Presiding Judge) (Presiding Justice) Mag-gim Kim, Kim Jong-dae and Yang-Namng