[등록상표무효][공1986.2.1.(769),243]
Under the last head figure, whether or not the trademark in English with “JRDACHE” is similar to the trademark on which the word “ma” is indicated by a combination trademark of the cross-routers and letters, or a trademark on which the combination trademark and the mast figure are indicated as a whole.
Under the last head figure, the combined trademark of the diagrams and letters written by tamping the English name of JORDACHE is different from the trademark indicated by the words in the word, or in all respects from the trademark indicated by the word in the word or in combination with the trademark indicating the whole word, and its appearance, name, and concept, and thus, is not similar.
Article 9(1) of the Trademark Act
Attorney Tae-tae et al., Counsel for the defendant-appellant-appellant
Attorney Lee Dong-gu, Counsel for the defendant-appellant-appellant
Korean Intellectual Property Office No. 110 decided May 24, 1985
The appeal is dismissed.
The costs of appeal shall be borne by a claimant.
The grounds of appeal by the claimant are examined.
According to the original decision, the court below found the above trademark as a combination of No. 27 and No. 1 and No. 2, and the above trademark as a combination of No. 2 and No. 1 and No. 7 (No. 1 omitted), and held that the trademark as a combination of No. 1 and No. 2 were identical to the above trademark No. 9, and thus, the trademark as a combination of No. 1 and No. 3 were identical to the above trademark No. 6 (registration No. 5 omitted), and the trademark as a combination of No. 7 (No. 7 omitted) and No. 8 (No. 87) are identical to the above trademark No. 1 and thus, the court below's determination that the above trademark No. 2 and No. 9 were identical to the above trademark No. 1 and thus, the above trademark No. 4 were identical to the above trademark No. 3 and the trademark No. 9 were identical to the above trademark No.
Therefore, the appeal is dismissed, and the costs of the appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices.
Justices Shin Jong-sung (Presiding Justice)