등록무효(상)
1. All of the plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
1. Basic facts
(a) Date of the filing of the instant registered trademark 1)/ the date of the decision of registration/ the date of registration/registration number: 8/10 on October 6, 2013: 17/100 on October 21, 2014 / 10654832): 3) Designated goods: Cream for the removal of each quality of Class 3 of the classification of goods, mags, mags, mags, meck-cream, meck-cream, cosmetics, cosmeticck-cream, bream-cream, bark-type, bak-type, rain-type, block-type storage, line-type cremation, sknch-type cremation-type cremation, skin-type cremation-type toilet, skin-type cosmetics, social rehabilitation-type, cream-type, ice-type and fashion-type 4).
B. On February 2, 2015, the Plaintiffs: (a) against the Defendant before the Intellectual Property Tribunal on February 2, 2015; and (b) since the instant registered trademark is a trademark indicating the nature of the designated goods or is not recognizable for consumers to whom the goods related to a person’s business, Article 6(1)3 and 7 of the Trademark Act constitutes a trademark.
2) On June 1, 2015, the instant registered trademark does not constitute Article 6(1)3 and 7 of the Trademark Act, on the ground that the registered trademark of this case is recognizable as a whole, and thus, the instant registered trademark does not fall under Article 6(1)3 and 7 of the Trademark Act. On the ground that “The Intellectual Property Tribunal rendered the instant decision of dismissal of all the appeals filed by the Plaintiffs on the instant registered trademark.”
【Ground for recognition】 The fact that there is no dispute, Gap 1 and 2, the purport of the whole pleading
2. Summary of the parties’ assertion
A. The Plaintiffs’ registered trademark “” is perceived as meaning “nine composites” and “combined materials using nine raw materials” among ordinary consumers or traders in relation to cosmetics, etc., which are designated goods. Thus, it constitutes a mark indicating raw materials, etc. of designated goods in a common way.
In addition, this case.