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(영문) 특허법원 2020.09.18 2019허8507
거절결정(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) 3D display panel, OLED, OLED, OLD panel, Nowon-gu, Nowon-gu, Nowon-gu, Nowon-gu, Nowon-gu, Round-gu, Round-gu, ULED panel, Nowon-gu, Round-gu, U.S., digital lux, telecommunications equipment that can be worn in the form of hand book, transportation machinery and tools, navigation equipment equipment, smartphones, clphones, pedagogs, man-gu, vehicle display display panel, communication machinery and apparatus, computer monitoring, computer monitoring, lux, lux-gu, vehicle display panel, vehicle-based telecommunications machinery and apparatus, computer-based monitor, computer lux, lock-gu, computer lux, lux, lock-gu, lux, lux, lux-gu, transparent panel, Internet panel, air-based, portable machine and apparatus, air-based monitoring, air-based telecommunications equipment, portable machine and apparatus for lux;

B. On February 8, 2018, the Plaintiff submitted an application for trademark registration as to the trademark of this case to C. The examiner of the Korean Intellectual Property Office granted an opportunity to submit his/her opinion on the following grounds for rejection. In other words, the trademark of this case constitutes an indication of the nature of designated goods, and it is inappropriate to allow any person to use the mark to be open to the public for the purpose of public interest, and thus, it is not possible to obtain trademark registration pursuant to Article 33(1)3 and 7 of the Trademark Act. (2) The Plaintiff submitted a written opinion on April 2, 2018, but the examiner of the Korean Intellectual Property Office decided to reject the trademark registration on May 15, 2018 on the ground that the above grounds for rejection was not resolved as a result of reexamination by the written opinion (hereinafter “instant decision to reject the trademark of this case”).

3. On June 12, 2018, the Plaintiff filed a revocation trial on the instant decision of refusal.

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