등록무효(상)
The plaintiff's claim is dismissed.
Litigation costs shall be borne by the plaintiff.
1. The background of the basic facts and the trial decision;
(a) The registration number 1)/ filing date/registration date of the Plaintiff’s registered trademark 1) / : B/C/D 2 : 3) The designated goods classified into the category of goods: metal preparations and synthetic material intra-markets, scarcitys, scarcitys, anti-explains, anti-explosions, anti-explosions, anti-explosions, ordinary anti-explosions, protective designs, glass, first-glass, kys, kyspscopes, kys (skigs), color for sports (skis), sags, spags, spags, anti-pags, anti-pags, anti-pags, anti-pagical and anti-pags, kykes, clocks, pre-expocks, clocks, pre-explosions, clocks, clocks, clocks, clock, clocks, clock, clocks.
B) The Defendant’s pre-use trademarks 1 are identical to the pre-use trademarks in the instant trial decision, and the Defendant submitted the pre-use trademarks 2 and 3 additionally to the pre-use trademarks 1: the pre-use trademarks 1, 2, 3, and 3: each of the products used in the pre-use trademarks 1, 2, 2, 3, 2: The Defendant and Maccos scam scam (hereinafter collectively referred to as “Maccos scam”)
C. On February 5, 2015, the Defendant: (a) against the Plaintiff who is a trademark holder of the instant registered trademark on February 5, 2015, the instant registered trademark was wholly amended by Act No. 1403, Feb. 29, 2016; and (b) the former Trademark Act (hereinafter “former Trademark Act”) in relation with the pre-use trademark 1.
The registration shall be invalidated because it falls under Article 7 (1) 11 and 12.
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