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(영문) 특허법원 2017.11.24 2017허5481

등록무효(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. The filing date and registration date/registration number of the instant registered trademark (A No. 1) 1: October 10, 2013; / Trademark 1088618.2) : 3) - Designated goods of category 29, milk of category 29, milk products, milk beverages whose principal ingredient is milk (milk precination) - natural coffee 30th coffees of category 30, natural coffee beverage (c office e), tight drinks, croke drinks, croke drinkss, crokes, crokes, crokes, crokes, erokes, crokes, erokes, erokes, erokes, erokes, erokes, erokes, erokes, erokes, erokes.

B. Prior registered service mark 1 (A evidence 3; hereinafter referred to as “prior registered service 1”) filing date/registration date/registration number: April 24, 2007 / January 29, 2009 / Services : (3) designated goods/services 26236(2) of the Trademark Service mark Registration No. 26236(2) of the Trademark Act: - - teas, teas, teas, food teas, etc. of Chapter 30 classified as service industry category - General restaurants, simple restaurants, bakeriess, etc. of Chapter 43 classified as service industry category - Person entitled to registration: Plaintiff:

C. Prior registered service mark 2 (A evidence 4; hereinafter referred to as "prior registered service mark 2") / Registration Date / Registration Number : April 24, 2007 / January 29, 2009 / Services 26237(2)): Designated goods/service 3) - - tea, tea, cococoer's monopoly sales agent, etc. - 43 of categories of service industry classification of service industry classification - general restaurants, simplified restaurant business, store business, etc. - classification of service industry classification 30 category - classification of service industry category 35 category - classification of service industry category 43 category : Plaintiff:

라. 선사용상표 1) 표장: 2) 사용상품/서비스업 - 상품류 구분 제30류의 커피, 차(茶), 코코아, 설탕, 쌀, 타피오카, 사고(Sago), 대용커피, 빵, 과자, 빙과, 꿀, 당밀(糖蜜), 효모, 베이킹 파우더, 겨자 등 - 서비스업류 구분 제43류의...