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(영문) 특허법원 2016.04.01 2015허6428

등록취소(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 Plaintiff’s registered trademark (1) number / filing date/registration date of the instant registered trademark: The trademark registration No. 608118/ 608/ February 7, 2005 (2): the same shall apply to the right-hand mark.

(3) Designated goods: as shown in the attached Form.

B. On October 29, 2014, the Defendant applying for trademark registration of the trademark “” (hereinafter “Defendant’s trademark”) with the designated goods, such as Traced Clothrry, straight agents or plastic agents showers, straights, and rectangulars as the designated goods, upon receipt of a decision to register on May 11, 2015, the Defendant completed the trademark registration of the Defendant’s applied trademark on June 24, 2015. < Amended by Act No. 13290, May 24, 2015>

(Registration Number No. 40-1113846-000). However, the Defendant’s applied trademark is made by attaching “Maberta” as one of his/her own sex to “Maberta,” a film of his/her film he/she had good.

C. The reasoning of the instant decision is as follows: the Defendant: (a) on November 21, 2014, by the Intellectual Property Tribunal No. 2014No2982, the instant registered trademark is the number of textile products of Category 24; (b) on the part of the designated goods, the ceiling, furniture rectangulars, plastic product bags for furniture, fireworks, fireworks, rackers, rackers, lagings, lagings, unlavings, labings, long-cuts, telephone labings, direct goods or plastic bags (excluding showers), rectangular boxes, rectangular boxes; (c) rectangular boxes; (d) rectangular boxes; (d) rectangulars; (e) rectangulars; (e) rectangulars; (e) rectangulars; (e) rectangulars; (e) rectangulars; (e) rectangulars; (e) plastics; (e) plastics; (e) plastics; (f) plastics; (f) plastics; (f) rectangulars; (f) rectangulars; (f) plastics;