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(영문) 대법원 2015.10.29 2015후1072
등록무효(상)
Text

The appeal is dismissed.

The costs of appeal are assessed against the defendant.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

Examining the legal principles and records relating to the registered prior to the registered service mark of this case, the court below is just in holding that the registered trademark of this case (trademark No. 970894) consisting of “processed coffee, coffee, and paperless coffee, etc. as designated goods and as the right side as the designated service business, and that the registration should be invalidated because the registered trademark of this case falls under Article 7 (1) 7 of the Trademark Act because the mark and the designated goods service are similar to the prior registered service mark in comparison with the right side as indicated in the judgment of the court below. Contrary to the allegations in the grounds of appeal, the court below did not err by misapprehending the legal principles as to the similarity of the trademark or goods, or by failing to exhaust all necessary deliberations.

Therefore, the appeal is dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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