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(영문) 특허법원 2016.07.07 2016허1529

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. (1) The registration number / the filing date/registration date of the registered trademark of this case: (3) the mark on November 1, 2007, which is considered to be the trademark registration No. 75891/11/200 / (2) on August 28, 2008: the personal eyebrow of Class 3 of the product classification; (4) the paper for cremation (the paper sees scke, gel for massage, skin gel, skin white cream, hair storage and treatment products, beauty shampers, shamp and shampers, compost for disinfection, shampers, unmedical stuffs, sheep, mecke, mecherc, mecherc, mecherc, mecherc, mecherc, mecherc, mecherc, mecherine-making, mecherc, trhine-making, cremation-making, mecherchercing, rhing, rhing, rheine.

(b) Registration number (1)/application date/registration date/Extinguishment date of the registered trademark: Marks on February 28, 2000 of the trademark registration No. 513830///Sgd. 500 on September 27, 2000: (3) Designated goods: the defendant; (4) the obligee entitled to registration; the defendant;

C. First Used Trademark (1): The defendant

D. (1) On August 27, 2013, the Defendant filed a petition for a registration invalidation trial (2013Da2336) with the Intellectual Property Tribunal on the ground that “The registered trademark of this case constitutes Article 7(1)7, 9, 11, and 12 of the Trademark Act.”

(2) On August 13, 2014, the Korean Intellectual Property Trial and Appeal Board does not fall under Article 7(1)9, 11, and 12 of the Trademark Act, but falls under Article 7(1)7 of the Trademark Act. However, “personal eyebrow” among the designated goods.