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(영문) 특허법원 2017.06.01 2017허899

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. The Plaintiff’s registered trademark of this case (1) / Date of application for registration / Date of decision of registration / Date of registration: A/ C/ June 20, 2013: The designated goods (3): (attached Form 1).

(1) The registered trademark: (1) the registration number 1(a)/ the filing date / the renewal date of the registered trademark: (2) the registered trademark No. 543523// October 23, 2001 / the mark (b) March 16, 2013: The designated goods: (c) the electric bedles of Category 11 for non-medical treatment; (2) the electric bed, the electric bed, the electric bed, the electric bed, the electric bed, the electric bed, the electric bed, the electric bed, the electric bed, the electric bed, the electric bed, the electric bed, the electric bed, the electric bed, the electric bed, the electric bed, the non-medical bed. (d): Defendant (2) the registration number 2(a)/ the filing date of the registered trademark / the registration date / the renewal date of the registration; (2) the registration number of No. 31/41/201.

C. (1) On July 2, 2015, the Defendant: (a) deemed that the instant registered trademark against the Plaintiff can be separated and conceptualized by “the number” alone; (b) thus, the overall trademark is similar to the registered trademark and the service mark prior to the registration (hereinafter “prior registered trademark, etc.”), and its designated goods are identical and similar in relation to the prior registered trademark, etc., and thus, constitutes Article 7(1)7 of the former Trademark Act (amended by Act No. 1403, Feb. 29, 2016; hereinafter the same) in relation to the prior registered trademark, etc.

In addition, this case.