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(영문) 특허법원 2017.07.21 2017허2642

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

가. 원고의 이 사건 등록상표 1) 등록번호/출원일/등록일: 상표등록 C/D/E 2) 구 성: 3 지정상품: 가죽제 서류가방, 가죽제 여행가방, 가죽제 여행용 케이스, 가죽제 지갑, 가죽제 핸드백, 글래드스턴형 여행가방, 남성용 작은가방, 다목적지갑, 등산용 가방, 등산용 배낭, 배낭, 보스톤백, 서류가방, 소형가방, 숄더백, 여행가방, 여행용 옷가방, 여행용 트렁크, 카드지갑케이스, 학생가방

B. The Defendant’s prior registered trademark 1) registration number/ application date/registration date: (a) the former registered trademark F/G/H 2: (b) the designated goods: (c) the name of snmark (Korean) and snmarks (attached Form). (c) The Defendant filed a petition for a trial for invalidation of registration with the Intellectual Property Tribunal on March 4, 2016, by asserting that the instant registered trademark falls under Article 7(1)7, 11, and 12 of the former Trademark Act (wholly amended by Act No. 1403, Feb. 29, 2016; hereinafter the same) and thus, the registration should be invalidated.

(2016.52) On March 16, 2017, the Korean Intellectual Property Tribunal rendered a trial ruling citing the Defendant’s request for a trial on the ground that “The Defendant’s prior registered trademark” can be separately observed by distinguishing the part from the part, and consumers can easily recognize the part as “Publika” in the English text, and the trademark in this case is similar to the Defendant’s prior registered trademark, and its overall mark is similar because the designated goods of the instant registered trademark are similar to the designated goods of the prior registered trademark, and thus falls under Article 7(1)7 of the former Trademark Act.”

2. Summary of the grounds for revoking the trial decision by the plaintiff's assertion

A. The registered trademark of this case is not similar to the prior registered trademark's appearance.

In addition, the registered trademark of this case is.