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(영문) 특허법원 2020.11.20 2019허7115

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) The Defendant’s registered trademark 1)/ filing date/registration date: The Defendant’s registered trademark C/D/E2: 3) The designated goods classified in Category 9: A Rodrid, radio spons, audio, telephones, smartphones, cell phones, cell phones, smartphones, strings, radio hedges, hedges, mobile phones, mobile phones, radio hedgings for smartphones, digital set-to-door software, applied software, applied software, sunphone PCs, computers, portable computers, portable computers, cellphones, television receivers, audio communication equipment, mobile phone-based network, mobile phone-based software, mobile phone-based network, mobile phone-based software or mobile communication equipment, mobile phone-based network, mobile phone-based software, mobile phone-based software, cell phone-based device, software-based software or mobile communication device, digital network-based, mobile device, device-based software or network-based, digital device-based, mobile device or network-based.

(b) Plaintiff’s prior-use marks 1 prior-use marks 2 prior-use marks 4 prior-use marks 3 prior-use marks, audio and audio systems, ice ampers, antenna systems, antenna, cables, etc.

C. 1) The Plaintiff filed a petition against the Defendant for a trial to invalidate the registration of trademark rights of the instant registered trademark with the Intellectual Property Tribunal. The instant registered trademark is similar to 1,2 of the famous Plaintiff’s prior-use mark, and is likely to mislead consumers by using the same or similar mark as 1, and 2 of the prior-use mark recognized as the Plaintiff’s source among domestic and foreign consumers, or for an unlawful purpose, the former Trademark Act (Amended by Act No. 14033, Feb. 29, 2016; hereinafter the same applies).

Article 7(1)6, 11, and 12.

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