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(영문) 특허법원 2017.04.28 2016허8605

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) The filing date and the application number of the Plaintiff’s applied trademark (Evidence 2) 1: B/C2: 3 designated goods classified as precious metal products of category 14, implied poles, precious metal products, precious metal products earing ears, bail pents, precious metal products, precious metal products and manufactures precious metal products, bail boxes, drums, verbal formula, precious metal products, clocks and accessories, clocks, multilomonds, precious metals, precious metal products, knifes, metal products, whites, knifes, knife, knife, knife and knife;

B. Each designated goods service of international trademarks registered on the line of international trademarks of Claudia Schifler is indicated in the annexed sheet.

1) The filing date (date of an international registration) / the filing date (date of an international registration) / the registration date / the registration number: D/ E/International Trademark F: 2) the filing date (date of an international registration) of an international trademark for a prior registration (date of an international registration) / the filing date (date of an international registration) / the registration number / the registration number: G/H/International Trademark I (B) Gu:

C. (1) On February 11, 2015, the examiner of the Korean Intellectual Property Office (hereinafter “Korea Intellectual Property Office”) cannot obtain trademark registration pursuant to Article 7(1)7 of the former Trademark Act (amended by Act No. 14003, Feb. 29, 2016; hereinafter “former Trademark Act”) on the ground that the trademark applied for registration of this case is identical or similar to another person’s prior-registered international trademark and its marks and designated goods.

2) On May 28, 2015, the examiner of the Korean Intellectual Property Office issued a notice of submission of the opinion to the effect that the Plaintiff submitted a written opinion against the notification of submission of the above opinion. However, on June 15, 2015, the examiner of the Korean Intellectual Property Office rendered a decision of refusal (Evidence A4) as to the applied trademark of this case on the ground that the grounds that the grounds for rejection under Article 7(1)7 of the former Trademark Act concerning the applied trademark of this case are not resolved.

3) On July 15, 2015, the Plaintiff filed a petition for an appeal against the foregoing decision of refusal with the Intellectual Property Tribunal, and the Intellectual Property Tribunal has tried to do so in the case of 2015 Won4032, and on October 21, 2016, the trademark applied for registration is identical to the international trademark applied for registration.