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(영문) 특허법원 2020.12.03 2020허3003

등록무효(상)

Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. The first owner of the registered trademark of this case was “H” but the first owner of the registered trademark of this case was transferred to the Plaintiff on May 15, 2019, after the request for the instant adjudication, and the registration of transfer in the name of the Plaintiff was made on the same day.

(갑 제1호증). 1) 등록번호/ 출원일/ 등록일(등록결정일): 상표등록 C/ D/ E(2014. 12. 3.). 2) 구성: 3 지정상품: 상품류 구분 제24류의 가구용 직물제 커버, 가구용 플라스틱제 커버, 실내장식용품용 직물, 이불, 요, 이불커버, 베갯잇, 침낭, 매트리스용 덮개, 매트리스용 시트, 침대커버, 침구, 침대덮개, 침대모포, 침대시트

(b) Composition of the pre-use trademark 1: the Gu B (the main text) mentioned F.

3.(a)

2) See paragraph (c) of the same Article is owned by each of the following persons: First Used Trademark that covers both the registration or trademark to be used, including the “F” or the “J,” consisting of the trademark that is extinguished on August 14, 2016 (Evidence 3, 3, 4, 23, 24, 23, 24, hereinafter the purport of the whole pleadings; hereinafter the same shall apply) and used goods: 3) User goods of furniture, such as bedles, etc.

3.(a)

(ii) refer to paragraph (c) of this Article;

G

C. On October 25, 2018, the Defendant filed a petition for registration invalidation trial on the instant registered trademark with the purport that “The instant registered trademark is identical or similar to the pre-use trademark recognized as indicating the source of a specific person in Korea, or constitutes a trademark used for an unlawful purpose, and thus, it should be invalidated as it falls under Article 7(1)11 or 12 of the former Trademark Act (wholly amended by Act No. 14033, Feb. 29, 2016; hereinafter “former Trademark Act”). 2) The Intellectual Property Tribunal deliberated the instant registered trademark as the case in the case in question, and tried on February 26, 2020.”