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(영문) 특허법원 2018.11.16 2018허3604

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 Defendant’s filing date of the instant registered trademark (Evidence 1)/registration date/registration date/registration number: C/D/E 2: the designated goods indicated in the attached list: (b) the Plaintiff’s instant registered trademark “” against the Defendant, who is the trademark right holder of the instant registered trademark on April 26, 2017; and (c) the instant registered trademark constitutes a common name or official mark of the designated goods; and (d) the type or quality of the designated goods falls under the category of the designated goods and the efficacy of the designated goods and falls under the category of the designated goods and falls under the category of the designated goods and the quality thereof; and (d) the Plaintiff’s application for registration invalidation is likely to mislead consumers as to whom they indicate the goods related to one’s business; and (d) the Plaintiff’s application for registration invalidation of the instant registered trademark on April 26, 2017 constitutes an unlawful trademark under Article 13(1) of the former Trademark Act (amended by Act No. 10635, Mar. 1, 20197).

2) The Intellectual Property Trial and Appeal Board held the above appeal on March 23, 2018, and held the registered trademark of this case on March 23, 2018 as “snicking of air layer,” “snicking of air layers,” “snicking of functionality with air layers,” and “snicking of odor or snick with temperature function,” and thus, it does not constitute an ordinary name, tolerance mark, and technical mark of the designated goods, and has independent distinctiveness in relation to the designated goods.