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(영문) 특허법원 2016.09.01 2016허2775
등록무효(상)
Text

1. The decision made by the Intellectual Property Tribunal on April 1, 2016 by the Intellectual Property Tribunal on the case shall be revoked.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. Basic facts

A. On December 23, 2015, the Plaintiff asserted that the instant registered service mark constitutes Article 7(1)7 of the Trademark Act because it is similar to the prior registered service mark and its designated service mark, and that the instant registered service mark may cause confusion as to its source as it is similar to the prior registered service mark widely known to domestic consumers. As such, Article 7(1)10 of the Trademark Act is also applicable to the instant registered service mark, and the registration should be invalidated. (2) The Intellectual Property Trial and Appeal Board deliberated the instant case as 2015Da5712, and tried on April 1, 2016, the instant registered service mark was not similar to the prior registered service mark, and thus, the prior used service mark does not fall under Article 7(1)7 and 10 of the Trademark Act. (3) of the Trademark Act.

B. The Defendant’s registered service mark (Evidence 1) (No. 1)/registration date/registration number: B/ C// service mark registration number: 3) organization: The designated service business classified under Category 41, the education and research business, the enterprise’s training business, the training/ class/ class/work conduct on the business management, the training/ class/ class/ class-work conduct on the personnel management, the training/ class/ class/ class-work conduct on the business, the training/ class/ class-work progress on the business, the training/ class/ class-work progress on the business, the training/ class/ class-work progress on the business, the marketing, the training/ class/ class/ class/ class-work progress on the marketing, the training/ class-work/ class-work of the marketing of the company’s customer satisfaction field, the training/ class-work/ class-work course, the textbook/ class-work business, the publication business, the publication business through online events, the event (i.e., mountain training/s., the Marine Corps’s holding agent business.

C. The Plaintiff’s prior registered service mark A No. 6-2.

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