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(영문) 특허법원 2019.11.08 2019허4291
거절결정(상)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Presumed factual basis

(a) The filing date of the instant applied trademark (AP provision service, game information provision service, game holding service, game-related entertainment holding business, game software distribution business, game software distribution business, the Internet game site service business, the Internet game providing business that cannot be landed, the game providing business through mobile equipment display, the Internet game providing business, the Internet game site provision business, and the mobile game providing business through the online game service business of Class 41 of the classification of goods, the online game service business of Class 41 of the classification of goods;

B. 1) On April 26, 2017, the examiner of the Korean Intellectual Property Office notified the Plaintiff of the ground for rejection that the trademark of this case consisting solely of “one thousand years” is inappropriate for the public interest, and thus, cannot be registered as it falls under Article 33(1)7 of the Trademark Act. On September 26, 2017, the examiner of the Korean Intellectual Property Office (hereinafter “Korea Intellectual Property Office”) submitted a written opinion and a written opinion to delete “electronic amusement business” from the designated goods of the applied service mark of this case on the following grounds: (a) the trademark of this case, including “one thousand years,” is registered on the group of goods similar to the identical and similar trademarks; and (b) such trademark may result in dilution of the distinctiveness of other trademarks in the transaction society by recognizing it as the group or upper concept of trademarks containing “one thousand years,” and (c) the examiner of the Korean Intellectual Property Office still rejected the decision of rejection as to the designated goods of this case on December 3, 2017.

3) On January 4, 2018, the Plaintiff filed an appeal with the Intellectual Property Trial and Appeal Board (2018 Won41) against the foregoing decision of refusal. 4) The Intellectual Property Trial and Appeal Board (2019) on April 30, 2019.

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