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(영문) 특허법원 2019.11.08 2019허4284

거절결정(상)

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Presumed factual basis

(a) The filing date and application number B/C2 of the pending trademark in this case (No. 2 and 3) 1: Computer game software in Category 09 of the category of goods, accessible computer program, downloadable mobile game software, recorded game software, video game software, online game program, mobile and cell phone game software, virtual game software, virtual game software, virtual computer network software that can be landed for global computer networks, and game software recorded in mobile devices;

(b) The registered service marks 1) the filing date of the prior registered service mark 1 (A)/ the first registered service mark 1 (A)/ the first registered service mark 1 (A)/ the date of preferential right/registration : D// the date of registration / F (C): Attached Table 1: D/D 2: the date of application of the first registered service mark 2 (a) of the prior registered service mark 2 (a) of the date of priority right/ the date of registration / the date of priority right/ the date of registration / the registration / the date of October 3/2008: (c) the designated goods : D/D/D 2; hereinafter the same shall apply): D/D/D 2: A holder of right:

C. On April 27, 2017, with respect to the trademark of this case filed by the plaintiff 1, the examiner of the Korean Intellectual Property Office, as to the trademark of this case filed on April 27, 2017, the trademark of this case contains a combination of trademarks, including "astronomical years", and its independent distinctive character is considerably lacking since the trademark of this case is registered on the group of goods similar to the same and similar trademarks. This trademark can lead to the dilution of the distinguishability of other trademarks in the transaction society by recognizing it as a group or higher concept of trademarks containing "astronomical years". Thus, it is not desirable for the public interest to see the trademark of this case filed only with "astronomical years" to a specific person. Thus, it constitutes Article 3

The registration number of another person's prior registered trademark with respect to the prior registered service marks as well as some of the designated goods: each mark concerning I and some of the designated goods.