beta
(영문) 특허법원 2019.12.19 2019허6471

거절결정(상)

Text

1. The decision made by the Intellectual Property Tribunal on August 8, 2019 on the case No. 2018 Won1505 shall be revoked.

2. Of the costs of lawsuit.

Reasons

1. Basic facts

(a) The filing date and the application number of the trademark in this case (Evidence 4) 1: The red ginseng wholesale business, the dry red ginseng wholesale business, the red ginseng processed ginseng wholesale business, the red ginseng food wholesale business, the red ginseng food wholesale business, the red ginseng food wholesale business, the red ginseng ginseng ginseng wholesale business, the red ginseng ginseng retail business, the red ginseng ginseng ginseng ginseng wholesale business, the red ginseng wholesale business, the red ginseng ginseng wholesale business, the red ginseng ginseng ginseng wholesale business, the red ginseng ginseng ginseng wholesale business, the red ginseng ginseng ginseng wholesale business, the red ginseng ginseng ginseng wholesale business, the red ginseng ginseng wholesale business, the red ginseng ginseng ginseng wholesale business, the red ginseng ginseng ginseng wholesale business, the red ginseng ginseng wholesale business, the red ginseng ginseng ginseng wholesale business, the red ginseng ginseng retail business, the red ginseng ginseng retail business, the red ginseng ginseng concentrate retail business, and the export and import agent business

(b) Trademarks registered prior to (use) trademarks are all registered trademarks relating to registered service marks or trademarks for convenience.

1) The first (A) application date/registration date/registration number: E/F/G (B): Products in the attached Form: d) designated service business: The person entitled to registration and user: the filing date of the first registration (use), trademark 2 (A)(A) (use), registration date/registration number: E/H/I (B) former: (c) designated service business classified into categories of service business: banking business, insurance business, financial value assessment business, building management business, building lease business, building lease business, real estate management business, real estate leasing business, real estate leasing business, financial credit bureau business, trade brokerage business, trade agency business, customs agency business, ginseng product appraisal business, ginseng appraisal business, ginseng appraisal business, financial product appraisal business, financial product appraisal business, financial information provision business or insurance business, person entitled to registration or insurance business, person entitled to registration and insurance business, person entitled to registration and insurance business, person entitled to registration and insurance business, person entitled to registration and insurance business, person entitled to registration and insurance business, person holding financial product use and insurance business, etc.

C. On March 9, 2018, the examiner of the Korean Intellectual Property Office (Evidence A1 to 3) 1 of the instant trial decision, etc. (Evidence A) caused misconception and confusion about the source of the trademark, as the trademark applied for trademark of this case was similar to the trademark of another person widely known and well-known and well-known.