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(영문) 특허법원 2019.11.01 2019허3892
권리범위확인(상)
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Presumed factual basis

(a) The filing date and the registration date/registration number of the instant registered trademark (Evidence 1 and 18) 1: D/E/F 2): For three designated goods: Electricity cleaning equipment, cleaning equipment, cleaning equipment for domestic use, cleaning equipment, electrical floor cleaning equipment, household electrical equipment cleaning equipment, cleaning equipment for household type electrical equipment, cleaning equipment for household type electrical equipment, household type electrical equipment cleaning equipment, cleaning equipment, household type electrical equipment cleaning equipment, electrical equipment cleaning equipment, household type electrical equipment cleaning equipment, electrical equipment cleaning equipment, electrical equipment for household type electrical equipment, electrical equipment cleaning equipment, electrical equipment for household type cleaning equipment, electrical equipment for household type 200 category of goods;

(b) Goods subject to verification (No. 9) 1): The defendant; the defendant; the defendant; the defendant;

C. On November 19, 2018, the Defendant filed a claim against the Plaintiff who is the trademark holder of the instant registered trademark with the Intellectual Property Tribunal. On April 19, 2018, the Defendant asserted that “The challenged mark falls under Article 90(1)2 and 4 of the Trademark Act as an ordinary name, official mark or technical mark of “radio cleaning machine,” which is used goods, and the portion of “iRoom” in the composition of the challenged mark is used by the Defendant with distinctive character, and thus, it does not fall under the scope of the right of the instant registered trademark, since there is no concern for misconception and confusion as to the trademark and the source of goods, and thus, it does not fall under the scope of the right of the instant registered trademark.”

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