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(영문) 특허법원 2016.11.04 2016허3303

등록무효(상)

Text

1. The decision made by the Intellectual Property Tribunal on April 19, 2016 on a case No. 2015Da3162 shall be revoked.

2. The costs of lawsuit shall be.

Reasons

1. Basic facts

(a) The registration number of the instant registered trademark (Evidence A2 and 3) / the filing date: The trademark registration B/C/D composition: The designated goods of the instant registered trademark (general trademark): as shown in the attached Form;

(b) Registration number / application date/registration date of the registered trademark (Evidence No. 35): Class 5 of the product classification for designated goods: disease treatment chemicals, non-typ agents, raw drugs, medicinal herbss, medicinal cans, medicinal herbss, medicinal herbss, medicine surgery, medical eating and food-related products, nutrition additives, medical vexetative additives, medicines for medicine use, balines, vexines, balines, vexines, vexines, vexines, vexines, vexines, vexines, vexines, vexative medicine, vexative medicine, vexine extraction medicine, vexine vexine vexine vexine vexine vexine vexine vexine vexine vexine vexine vexine vexine vexine vexine vexine vex rative food.

C. The Plaintiff asserted that the instant registered trademark falls under Article 6(1)3, 6, or 7 of the former Trademark Act (wholly amended by Act No. 1403, Feb. 29, 2016; hereinafter the same) or Article 7(1)7 of the former Trademark Act (wholly amended by Act No. 14033, Feb. 29, 2016; hereinafter the same), and that the trademark registration should be invalidated on May 13, 2015, on the grounds that the trademark falls under subparagraph 7 of Article 7(1) of the former Trademark Act due to the lack of distinctiveness with respect to “health auxiliary food” (hereinafter referred to as “instant product 1”) and “health auxiliary food, the main product of which is the main product of the instant registered trademark, and the product of this case, among the designated goods of this case, as the Intellectual Property Tribunal No. 2015Da3162, May 2015.

Accordingly, on April 19, 2016, the Korean Intellectual Property Tribunal rendered the instant registered trademark “Korea” and “HD-1” in its composition.