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(영문) 특허법원 2019.10.24 2019허2066
권리범위확인(상)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

(a) Registration number 1) / filing date and registration date of the instant registered trademark: 3) Designated goods: laundry and cleaning tools (excluding electric types), furniture 21 category of goods (excluding stamping), air luminous stacks, machinery and tools for household-based luminous stacks, luminous stacks, optical stacks, oral luminous stacks, metal cleaning stacks, flagpoles, metal washing stacks, dust-proof stacks [gress], dust-free, very rough, very rough (Mops, floor cleaning stacks, electric stacks, non-electric stacks, cleaning tools, cleaning labs, cleaning labs, cleaning labs, cleaning labs, cleaning labs, cleaning labs, cleaning labs, cleaning labs, cleaning labs, cleaning labs, cleaning labs, cleaning labs, cleaning labs, cleaning labs, cleaning labs, cleaning labs, cleaning labs

(b) A mark specified as at the time of request for a trial: 2) A mark in actual use: A product using the same form as the mark and color of which is red (Evidence A (Evidence A 1 and 5) 3: A slicker 4): The Plaintiff;

C. 1) The Defendant asserted against the Plaintiff that the mark used by the Plaintiff falls under the scope of the right to the trademark registration of this case by filing a claim against the Plaintiff for an affirmative confirmation of the scope of the right to the trademark registration of this case. 2) After having deliberated the instant case with the Intellectual Property Trial and Appeal Board No. 2017Da1670, Jan. 2, 2019, both trademarks are similar and designated goods are identical, and thus, there is a concern for ordinary consumers to confuse the source of goods. Thus, the mark subject to the confirmation is within the scope of the right to the trademark registration of

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