거절결정(상)
1. The plaintiff's claim is dismissed.
2. The costs of the lawsuit shall be borne by the Plaintiff, including the costs incurred by participation.
1. Basic facts
A. (1) The filing date and the application number of the trademark in this case: (3) the designated goods consisting of No. 40-2013-46357 (2) on July 12, 2013: the applicant: the Plaintiff
(b) (1) Date of prior registered trademark (1)/registration date/ extinguishment date/trademark registration number: A/B/C (2): (3) Designated goods: Medical heating factoring of Category 10 on the classification of goods, heating factoring of Category 11 on the classification of goods of category 10, sugar, portable circuit (4).
C. (1) On August 2, 2011, the Intervenor joining the Defendant filed a petition for a trial on revocation of trademark registration against D on the ground that the pre-registered trademark falls under Article 73(1)3 of the Trademark Act.
After examining the above request for adjudication by the Intellectual Property Tribunal as 201-1832, on February 8, 2013, the Korean Intellectual Property Trial and Appeal Board rendered a trial decision citing the above request for adjudication on revocation (hereinafter referred to as “instant adjudication on revocation of registration”).
D On March 28, 2013, the Patent Court filed a lawsuit against the Intervenor joining the Defendant seeking revocation of the instant decision on revocation of registration (2013Heo2637), and withdrawn the said lawsuit on July 17, 2013, and the instant decision on revocation of registration became final and conclusive on April 2, 2013.
(2) On July 11, 2013, the lawsuit seeking revocation of the said trial decision, the Plaintiff filed a petition for adjudication on revocation of trademark registration on the ground that the pre-registered trademark falls under Article 73(1)3 of the Trademark Act.
(2013.D waived the trademark right of the prior registered trademark on July 12, 2013, and the Plaintiff filed an application for the trademark of this case on the same day.
(3) Article 8(6) of the former Trademark Act (amended by Act No. 11747, Apr. 5, 2013; hereinafter the same) is applicable to the trademark for which “the Plaintiff, on December 12, 2013,” filed by a person who is not the applicant for the revocation trial, on July 12, 2013 during the period from the date the adjudication on revocation of the registration of the instant case became final to the date the adjudication on revocation was withdrawn.