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(영문) 특허법원 2017.08.18 2017허1946
거절결정(상)
Text

1. The decision made by the Intellectual Property Tribunal on February 16, 2017 by the Intellectual Property Tribunal on a case No. 2015 won6533 is revoked.

2. The costs of lawsuit shall be.

Reasons

1. Basic facts

(a) / Application Number 1) of the pending service mark 1: B/ C 2: 3) designated service business classified by service industry: the paper box wholesale business, paper paper retail business, wholesale business of light textile boxes, retail business of lightized fiber textile boxes, retail business for food packaging, rap retail business for food packaging, package paper retail business, package paper retail business, package paper paper retail business, package paper retail business, package paper paper retail business, or plastic paper retail business 4): Plaintiff (the first applicant was D, but the report of change was made in the name of the Plaintiff on July 24, 2015).

B. On April 28, 2015, the examiner of the Korean Intellectual Property Office issued a notice of the Plaintiff’s decision of refusal and the instant trial decision on the instant pending service mark on April 28, 2015, stating that “The instant pending service mark constitutes a simple and common indication in Korean language as to its designated service business, and a trademark combining “market” that is not recognized as distinctive as a result of indicating a location of the designated service business, cannot be identified as a whole if it is used for a designated service business. It is not possible for consumers to freely use such simple and sealed mark. Accordingly, the Plaintiff submitted a written opinion on the grounds that it falls under Article 6(1)6 and 7 of the former Trademark Act (wholly amended by Act No. 1403, Feb. 29, 2016; hereinafter the same shall apply) and presented a written opinion on the grounds that it is impossible to obtain registration of a service mark on July 24, 2015, and the Plaintiff did not comply with the foregoing decision of rejection.

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