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(영문) 대법원 1969. 11. 25. 선고 68후33 판결
[상표등록권리범위확인][집17(4)행,008]
Main Issues

The term "themea TPPRAMYCIN trademark" and "themea TTRAMYCIN trademark" are likely to cause confusions or confusions in trade due to the flame's death.

The term "themea TPPRAMYCIN trademark" and "themea TRAMYCIN trademark" are similar to the other "themea TRAMYCIN trademark" and are likely to cause confusions and confusions in trade.

[Reference Provisions]

Article 5 of the Trademark Act

claimant-Appellant

Jaco-spha and commercial companies

Appellant-Appellee

Modrified Possition Co.

original decision

Patent Court Decision 101 decided July 6, 1968

Text

The original adjudication shall be destroyed, and the case shall be remanded to the Ministry of Trade, Industry and Energy, the Patent Office, the High Trial Office, and the High Trial Office.

Reasons

The grounds of appeal by the claimant’s agent Lee Young-woo

According to the reasoning of the judgment of the court below, since the former is composed of "TRAYIN" and the latter is composed of "KEWHA" or "teine," it cannot be viewed as a whole as being similar to the former, and the latter is called "teme," and the latter is called as "teme," and the latter is called as "teme," and the latter is called as "teme," and the latter is called as "teme," and the latter is called as "teme," and the latter's "teme," and the latter's "teme," as a whole, can be seen as an "teme," and the latter's "teme," as a whole, cannot be seen as an "teme," and the latter's "teme," as a whole, can be seen as an "teme," and the latter's "teme," as an "teme," the latter's "teme," and it can be seen as an "teme," and the latter's "teme," as an "teme,".

Supreme Court Judges Kim Young-chul (Presiding Judge) (Presiding Justice) Mag-gim Kim, Kim Jong-dae and Yang-Namng

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