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(영문) 특허법원 2015.09.03 2015허3085

거절결정(상)

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff, including the part resulting from the supplementary participation.

Reasons

1. Basic facts

A. The filing date and the application number of the trademark 1) of this case: B/C 2: the designated goods of this case: the nonchemical skin of the category 10 of the goods: Non-C 3: the nonchemical skin of the category 10 of the goods

4) Applicant: The plaintiff

(b) Goods that constitute a prior-use mark 1A: (b) the goods that use the prior-use mark 1(b) the user: the goods that use the prior-use mark 2(a) (b) the Defendant joining the Defendant (hereinafter referred to as the “ Intervenor”): the user of the clothing c) the Intervenor: the Intervenor

C. On March 5, 2014, the examiner of the Korean Intellectual Property Office rendered a decision to refuse the registration of the applied trademark of this case on the ground that “the trademark of this case falls under Article 7(1)12 of the Trademark Act and cannot be registered.” 2) The Plaintiff filed a petition for an adjudication seeking revocation of the above decision of refusal with the Korean Intellectual Property Tribunal. The Korean Intellectual Property Tribunal deliberated the above case of request for adjudication with the Korean Intellectual Property Tribunal 2014 Won2064. On April 14, 2015.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 to 4 and the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s prior-use marks are not domestically well-known and well-known trademarks.

In addition, the trademark of this case was modified by the modification of the plaintiff's prior trademarks (No. 3 and No. 4), but is not a trademark which imitates prior trademarks, while the plaintiff used the prior trademarks for 20 years.