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(영문) 특허법원 2020.07.24 2020허3812
등록무효(상)
Text

1. The decision made by the Intellectual Property Tribunal on February 13, 2019 by the Intellectual Property Tribunal on a case No. 2017Da2329 is revoked.

2. The total cost of the lawsuit.

Reasons

1. Presumed factual basis

(a) The registered trademark (Evidence 2) number 1)/ the filing date/registration date of the instant case: 3) the designated goods: The defendant; the defendant; the defendant; the defendant; the defendant; the defendant; the defendant; the defendant; the defendant; the defendant; the defendant; the defendant; the defendant; the defendant; the defendant; the defendant; the defendant; the defendant; the defendant; the defendant; the defendant; the defendant; the defendant; the defendant; the defendant; the defendant; the defendant; the defendant; the defendant; the defendant; the defendant; the defendant; the defendant; the defendant; the defendant; the defendant 1

(b) 1) Registration number/application date/registration date/Renewal/Renewal of the trademark registration: The organization of trademark registration G/H/I//2 December 12, 2013: 3) Designated goods: Group of goods (all designated goods are as shown in the attached Table) of 12 kinds of goods, including a string line and a bridge for travel specified in Category 18, document bags, handbags, Handbags, Schlage cases, Bostons, protons, proton bags, student household bags, non-metallic metal agents, non-dive metal bags, sates, and bags satts;

4) The obligee entitled to registration: The Intervenor succeeding to the Plaintiff (the Plaintiff filed an application and completed trademark registration; however, on February 23, 2018, the trademark transfer registration was completed in the future as the Intervenor succeeding to the Plaintiff on the ground of transfer).

C. On July 24, 2017, the Plaintiff: (a) the instant registered trademark against the Defendant, who is a trademark right holder of the instant registered trademark, before the instant decision and the judgment before remanding; and (b) the Plaintiff was wholly amended by Act No. 14033, Feb. 29, 2016; hereinafter the same shall apply) in relation to the prior registered trademark.

(2) On February 13, 2019, the Intellectual Property Tribunal rendered a trial ruling dismissing the Plaintiff’s request for a trial (hereinafter “instant trial ruling”) on the ground that the registered trademark falls under Article 7(1)7, 10, 11, and 12, and thus, the registration should be invalidated. (2) The Intellectual Property Trial and Appeal Board (hereinafter “instant trial ruling”). On February 13, 2019, the registered trademark of this case is different from the registered trademark of this case, and thus, it does not fall under Article 7(1)7, 10, 11, and 12 of the former Trademark Act.

3. Accordingly, the Plaintiff is the Patent Court No. 2019Heo3106.

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