거절결정(상)
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
(a) The filing date and the application number of the instant pending service mark (a evidence 3) 1: the filing date and the application number: 3) the designated service business: the theater operation business, film and entertainment information business, film distribution business, film information business, film show production business, film strawing business, film strawing business, film strawing business, film screening business, film and parts thereof; 4) the applicant: the Plaintiff;
B. On June 25, 2013, the examiner of the Korean Intellectual Property Office notified the Plaintiff of the submission for the registration of the instant pending service mark, and the Plaintiff filed a request for the cancellation of the registration of the instant pending service mark on the ground that “the instant pending service mark is a mark combining “SCREN” and “X”, a simple and sealed mark indicating the provision of the service business, and it is difficult to see that it constitutes a new concept through combination. Thus, if all designated services are used, consumers cannot be identified as a service mark indicating whose business the service business is indicated. Accordingly, on the ground that on November 14, 2013, the examiner of the Korean Intellectual Property Office notified the Plaintiff of the submission of the opinion that “the instant pending service mark cannot be registered pursuant to Article 6(1)3 and 7 of the Trademark Act,” and on the ground that on December 13, 2013, the Plaintiff filed a request for the cancellation of the registration of the instant pending service mark with the Intellectual Property Tribunal, and the Plaintiff’s decision to reject the instant request for adjudication on December 37, 130.
[Reasons for Recognition] A.1, 3-5 Evidence, purport of whole pleading
2. Summary of the plaintiff's assertion
A. The distinctiveness of the pending service mark “” is not a factor of “SCRN” or “X” but rather a factor of “SCRN” or “X”. The instant trial ruling consists of “SCRN” and “X”.