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(영문) 특허법원 2016.02.03 2015허3993
거절결정(상)
Text

1. The decision made by the Intellectual Property Tribunal on May 6, 2015 (No. 2014 won5447) is revoked.

2. The costs of lawsuit shall be.

Reasons

1. Basic facts

A. The filing date of the instant trademark and service mark 1) / International registration number: B (the filing date of the instant application for trademark and service mark 1) / International registration number: B (O. 26. 3): Designated goods and service : Elecry in Category 4, Elecry in Category 35, Asset Management Foundation (O. 35), busmination Business Foundation (O. 207, E. 14). B. The reasoning of the instant decision was that the examiner of the Korean Intellectual Property Office, on February 14, 2014, notified the Plaintiff’s refusal decision regarding the Plaintiff’s applied trademark and service mark 14, and provided the Plaintiff’s rejection decision 14, “The grounds for rejection of the instant application for trademark and service mark 10, 2014, 14, 207, 14, 14, 207, 14, 3,7, 4, 2014.

(A) On August 28, 2014, the Plaintiff filed a petition for an appeal against the foregoing decision of refusal with the Intellectual Property Tribunal (2014 won5447). On May 6, 2015, the Intellectual Property Trial and Appeal Board rendered the instant trial ruling dismissing the Plaintiff’s appeal on the ground that “The trademark of this case can be seen as “the entire trademark” and “the entire trademark is charged with gold filling,” and the trademark indicating the purpose, time, contents of the provision, etc. of the designated goods as a simple combination of marks indicating the purpose, time, contents of the provision, etc. regarding the business of arranging the supply of electricity and electric energy among the designated goods. Such expressions are deemed as marks soliciting or advertising and promoting electric energy, and thus have no distinctive character. Therefore, the instant trial ruling dismissing the Plaintiff’s appeal (Evidence No. 4).

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