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(영문) 특허법원 2015.04.10 2014허6469
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) Date of application 1)/registration date/registration date/registration number: 3) Designated goods classified into category 10: Medical machinery and apparatus, disinfection apparatus, stoves, hot medicine treatment apparatus, external and usage apparatus cases, external surgery straws, external surgery apparatus, external surgery apparatus, external surgery apparatus, electrical appliances, external surgery straws, external surgery knife, external surgery knife, external knife, external surgery knife, external knifbs, medical appliances, artificial saw, medical appliances, artificial limbs cutting devices, medical cutting devices, medical treatment cutting devices, d/E 2: 4) human rights holders of the trademark right, injection for medical use, d/E d/ E 3 (medical knbine), knives for medical treatment, vexine search, injection, injection, hair for injection, injection, hair, gykening, hair for injection, emine for injection, embark, embarker medicine, mathothium, etc.

(b) The filing date of the preceding trademark 1)/ the registration date/ the renewal date/registration date of the preceding trademark 1)/ the registration number: The designated goods consisting of January 4, 1997 / January 7, 2009/ July 7, 2009/ No. 438417 (b)): The designated goods: The holder of the trademark right of the earlier application trademark service mark of this case between Allelelelele 2) / the filing date of the earlier application trademark service mark of this case / the registration number / the registration date: the composition of the first application trademark service mark of this case on June 23, 2008 / the designated goods or the designated goods service business (C) : The person holding the right to py, such as household coarcing medication, human-crowing, snowbrow, medical wholesale, medical machinery, apparatus, retail business, etc.).

C. On April 29, 2014, the Plaintiff (i.e., the instant trial decision) against the Defendant before the Intellectual Property Tribunal. The instant registered trademark falls under Article 7(1)7 of the Trademark Act because the instant registered trademark, the mark, and the designated goods are identical or similar to the instant registered trademark, and thus, its registration should be invalidated.

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