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1. The decision made by the Intellectual Property Tribunal on February 10, 2014 on the case No. 2013 won 4612 shall be revoked.
2. The costs of lawsuit shall be.
Reasons
1. Basic facts
A. 1) The filing date and the application number of the trademark in this case: The composition of No. 40-201-72314(2) on December 22, 2011: the designated goods as shown in the attached Form (hereinafter “each of the designated goods in this case”).
4) Applicant: The plaintiff
B. 1) The examiner of the Korean Intellectual Property Office decided to refuse the registration of the applied trademark of this case on the ground that “The trademark of this case is composed of the mark consisting of “Seoul” as a conspicuous geographical name and “university” as a type of school, and it is impossible for consumers to distinguish whether the trademark is a trademark indicating the goods related to a person’s business, and thus, it cannot be registered as it falls under Article 6(1)4 and 7 of the Trademark Act.” (2) The Plaintiff filed a petition for a trial seeking revocation of the above decision of refusal with the Korean Intellectual Property Tribunal. The Intellectual Property Tribunal tried the above case as 2013 Won4612 and rendered the instant trial decision dismissing the Plaintiff’s request on February 10, 2014.
[Ground of recognition] The fact that there is no dispute, entry of Gap's 1 through 5, purport of whole pleading
2. The parties' assertion
A. The summary of the grounds for revoking the decision of the Plaintiff’s assertion is that the trademark of this case combining the trademark of this case, which is a conspicuous geographical name, with the trademark of “Seoul” and the ordinary name, had a new concept as an inherent master for domestic consumers by long-term use, and as such, the trademark of this case does not fall under Article 6(1)4 and 7 of the Trademark Act, and its registration should be granted for each of the designated goods of this case, and thus, the decision of this case, the conclusion of which different from the above, should be revoked.
B. The Defendant’s assertion is a trademark that combines a conspicuous geographical name with a “Seoul” and a “university” as an ordinary name.