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(영문) 특허법원 2019.05.03 2018허7781

등록무효(상)

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff, including the part resulting from the succession participation.

Reasons

1. Basic facts

A. Trademark 1) Number / Date of application / Date of registration : D/E/F 2) old designated goods: 3) Final right holder: Defendant succeeding intervenor

(b) 1) Trademark registration number/registration date/registration date/registration date: G/H/I/B on July 14, 2015: The former designated goods: Category 28 of the classification of goods: The holder of the right to register (J2) trademark registration number/registration date/registration date/registration date: (A) trademark registration number/registration date of Category 28 of the classification of goods: The holder of the right to register Category 3) trademark/ the date of application of Category 3) trademark/ the date of registration/ the date of application of Category 4 of the former registered goods: The holder of the right to register Category 28 of the trademark/ the date of application of Category 3) trademark: The date of registration of Category 1 of the goods: The date of application of Category 28 of the list of goods: the date of application of Category A/M/ the date of registration of Category 4 of the No.

C. 1) The Plaintiff filed a petition for a trial on invalidation of the trademark of this case against the Defendant with the Intellectual Property Tribunal, stating that “The instant registered trademark is identical or similar to the mark 1 through 4 of the pre-registered trademark, and the designated goods are identical or similar to the designated goods, and thus, the registration must be invalidated under Article 7(1)7 of the former Trademark Act (amended by Act No. 1403, Feb. 29, 2016; hereinafter “former Trademark Act”).” (2) The Intellectual Property Tribunal deliberated on the said request for a trial under 2017Da1178, and then on July 24, 2018, the registered trademark of this case differs from that of the pre-registered trademark 1 through 4, and thus, the name and concept are likely to be confused or confused with ordinary consumers or traders as well as consumers as being used together with the same or similar goods.