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(영문) 특허법원 2013.10.10 2013허4947

등록무효(상)

Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The registered trademark 1 of this case is the filing date / the registration date / the registration date of additional designated goods / the registration date of additional designated goods / the registration date of renewal / the registration number of additional designated goods: F/ G/ April 30, 2007 / / 11 May 17, 2007 / E 2) : 3) trademark right holder: The designated goods under the registered trademark of this case 4) are designated goods by additional registration of the designated goods.

(1) Chapter 4 of the former Product Classification (amended by the Ordinance of the Ministry of Trade, Industry and Energy No. 83 of February 23, 1998), chemical fluorries, leads, food fluorries, food fluorries, drillings, nuclear fluorium, high-fluoring powder, red fluoring powder, red fluoring powder, bbbbs, cat, 30 kinds of goods, and Hobs, brust, fluor, fluor, fluor, fluor, car leaves, coffee beverages, coffee beverages, sandd, eluor, eluor, self-fluor.

B. (1) On November 21, 2012, the Defendant filed a petition for a trial to invalidate trademark registration with respect to the instant registered trademark on the grounds that it falls under Articles 6(1)3, 71(1)5, and 7(1)11 of the Trademark Act. (2) The Intellectual Property Trial and Appeal Board deliberated on the instant petition for a trial as 2012Da2998, and on May 7, 2013, the instant registered trademark on the grounds that it falls under Articles 6(1)3, 71(1)3, and 7(1)11 of the Trademark Act and invalidated the instant registered trademark registration on the grounds that: (a) the instant petition for a trial was rendered on the designated goods among the designated goods.

3) Meanwhile, after the filing of the instant lawsuit, the Defendant withdrawn a request for adjudication on “the tea leaves and coffee drinks” among the designated goods of the instant registered trademark. The fact that there is no dispute over the grounds for recognition, Gap evidence Nos. 2 and 3, and the purport of the entire pleadings.

2. The key point of the parties’ assertion is the Refriger, the number, the number, and the list of designated goods of the registered trademark of this case among the instant trial decision.