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(영문) 특허법원 2020.01.10 2019허5096
등록무효(상)
Text

1. The decision made by the Intellectual Property Tribunal on June 10, 2019 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. The instant registered trademark (Evidence A 1 and 4) 1 / Date of application / Date of registration: C/D/E 2) previous designated goods: 3) the right holder: the Plaintiff’s right holder: the Plaintiff’s medical pencers, medical pencers, medical pencers, and d) of the category of goods classified by category 10:

(b) A’s trademark registration number / filing date / registration date: F/ G/H2) previous designated goods (used goods): Hegel for cremation in the course of beauty management contained in the cosmetic period contained in Category 03 on the classification of goods: Defendant 4) right holder, who is used in the course of beauty management contained in Category 03:

C. The Defendant filed a petition for a trial on invalidation of the registration of the instant registered trademark with the Intellectual Property Tribunal against the Plaintiff who is a trademark holder of the instant registered trademark, on the ground that “The instant registered trademark falls under Article 7(1)7 of the former Trademark Act (amended by Act No. 1403, Feb. 29, 2016; hereinafter the same shall apply) and is identical or similar to the prior registered trademark widely known as the Defendant prior to the filing date of the instant registered trademark, as it causes confusion with the Defendant’s goods or business or uses it for unlawful purposes, and thus, the registration should be invalidated as it falls under subparagraphs 10 and 12 of Article 7(1) of the former Trademark Act.” (2) The Intellectual Property Tribunal deliberated on the aforementioned request for a trial on invalidation of the registration of the instant registered trademark with the term “non-permanently registered trademark” and “non-permanently registered trademark” as “non-permanently registered trademark.”

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