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(영문) 특허법원 2015.12.29 2015허6688

거절결정(상)

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

(a) 1) Date/application number of the pending service mark 1: (3) designated service business: legal advice, legal information provision, legal counseling, litigation consultation, arbitration service, patent right licensing, patent information provision, patent management, patent right infringement-related consultation, trademark management, intellectual property right consulting, industrial property right infringement consultation, private investigation, missing investigation, private investigation, and personal career investigation 4): the Plaintiff;

B. On May 29, 2014, the examiner of the Korean Intellectual Property Office (1) regarding the Plaintiff’s pending service mark, and on May 29, 2014, on the Plaintiff’s designated service business of the instant pending service mark, “the missing assistance business” cannot be registered pursuant to Article 10(1) of the Trademark Act since its name is unclear. The pending service mark is likely to falsely indicate a relationship with a famous deceased person, or to slander, insult, or be subject to bad reputation, and thus, cannot be registered pursuant to Article 7(1)2 of the Trademark Act.

Then, despite the Plaintiff’s submission of the written opinion and amendment on July 28, 2014, the examiner of the Korean Intellectual Property Office rendered a decision to refuse the registration of the instant applied service mark on the ground that the instant applied service mark falls under Article 7(1)2 of the Trademark Act and cannot be registered. However, the examiner of the Korean Intellectual Property Office decided that, in the case of a violation of Article 10(1) of the Trademark Act among the grounds for rejection indicated through the notice of the submission of the opinion by May 29, 2014, the ground for rejection was annulled by the Plaintiff’s amendment.

Accordingly, on October 16, 2014, the Plaintiff filed a petition for a trial against the foregoing decision of refusal with the Intellectual Property Tribunal.

3) After that, the Intellectual Property Trial and Appeal Board (the Intellectual Property Trial and Appeal Board) shall examine the said request for trial in the case of 2014 won6368, and is part of the designated service of the pending service mark on September 21, 2015.