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(영문) 특허법원 2015.10.23 2014허7387

등록무효(상)

Text

1. The decision made by the Intellectual Property Tribunal on August 11, 2014 by the Intellectual Property Tribunal on the case shall be revoked.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. Basic facts

A. The registered trademark 1 of this case is applied on the date of application / the date of decision on registration / the date of registration / the date of registration : The registration / the date of February 6, 2003 / February 5, 2005 / February 17, 2005 / February 17, 2005 / / 60773 2) / The “private road”, “a ground plan” and “side map” are “a shape that appears on the ground plan.”

3) Designated Goods: He shall have the drugs for cardioscopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopicscopic scopic scopic scopics

B. 1) On September 30, 2013, the Defendant: (a) the instant registered trademark is a three-dimensional trademark consisting of a general form of medicine refining and a common color; (b) not only is a trademark indicating the shape of designated goods but also is a three-dimensional trademark indicating the shape of the designated goods; (c) it constitutes Article 6(1)3 and 7 of the Trademark Act; (d) it falls under Article 6(1) of the former Trademark Act (Amended by Act No. 12751, Jun. 11, 2014; hereinafter “former Trademark Act”); and (e) it cannot be recognized that the distinctiveness of the registered trademark is acquired through the use of Article 6(2) of the former Trademark Act (Amended by Act No. 12

In addition, the defendant asserts that "the registered trademark of this case is a simple and ordinary mark, and therefore constitutes Article 6 (1) 6 of the Trademark Act" and "the designated product of the registered trademark of this case is not used only in the form of refining but also in the form of powder Hegel film, etc. Since ordinary consumers can report the registered trademark of this case and cause confusion about the quality of the designated product as refined." or "the registered trademark of this case is essential to secure the function of refining system as a fluent model body of the fluent body of the fluent body of the medicine of this case."