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(영문) 특허법원 2017.04.14 2016허9349

등록무효(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) Registration number 1) / filing date / registration date : B/C/D 2: 3) Designated goods classified into the category of goods: Cosmetics of category 03, fluorries for manufacturing cosmetics, cosmetics for human body, cosmetics, cosmetics, bathing rooms, brine for dibcare, shampoos, shampoos, paper boos, shampoos, shampoos, face-to-face paintings, grancings, color-type paintings, strawing, carpons, handy, water rainn, water compost, toilet treatment straws, cremation, cremations, cremations, brine for cremation, brinbrows for cremation, and brine 4): The Plaintiff: The obligee entitled to registration;

B. 1) Products consisting of pre-use trademarks 1 A: A.D.; A.; (b) Products consisting of pre-use trademarks 2(a); Defendant 2) Products: A.D., Sa., Pa., Pa., Pa., Pa., Pa., Pa., Pa. and Pa.: Defendant

C. On August 11, 2014, the Defendant filed for a registration invalidation trial against the instant registered trademark on the ground that “The instant registered trademark was registered with the intent to obtain unjust benefits as a trademark identical to the pre-use trademark that is recognized as indicating the goods of a specific person among domestic consumers or traders at the time of filing the application, and thus, constitutes Article 7(1)12 of the former Trademark Act (amended by Act No. 14033, Feb. 29, 2016; hereinafter the same).” On November 10, 2016, the Korean Intellectual Property Tribunal filed for a registration invalidation trial against the instant registered trademark, asserting that “The instant registered trademark falls under Article 7(1)12 of the former Trademark Act (amended by Act No. 14033, Feb. 29, 2016).”

[Grounds for recognition] The descriptions and images of Gap evidence 1 and 2, and arguments.