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(영문) 특허법원 2018.04.20 2017허8527

거절결정(상)

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Reference fact 【Evidence】 Evidence Nos. 1 through 4, Nos. 12 and 13, and the purport of the whole pleadings

A. On December 9, 2013, the date of international registration or international registration number of the instant trademark (hereinafter “instant trademark”) 1: (a) the designated goods indicated in the attached list 1: (b) the Korean Intellectual Property Office examiner notified the Korean Intellectual Property Office of provisional refusal; (b) on April 16, 2015, “1 of another person’s prior trademark (registration No. 45-0244)” and “2 of the Prior Trademark (registration No. 40-09561)” (registration No. 409), and “No. 70-1 of the former Trademark Act (wholly amended by Act No. 1403, Feb. 29, 2016; hereinafter the same shall apply) cannot be deemed as constituting “an application for trademark registration of this case” and “No. 70-1 of the former Trademark Act” and “No. 80-1 of the former Trademark Act (amended by Ordinance of the Ministry of Intellectual Property Office).”