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(영문) 특허법원 2016.06.02 2015허6619
거절결정(상)
Text

1. The decision made by the Intellectual Property Tribunal on August 26, 2015 regarding a case No. 2014 Won3068 shall be revoked.

2. The costs of lawsuit shall be.

Reasons

1. Basic facts

A. 1) filing date/application number B/C 2: 3) designated service business: The designated service business classification No. 35, clothes sales agent, new sales agent, and commercial information provision business via the Internet (attached Form). B) The same integrated food company (a) filed an objection against the registration of the service mark on June 18, 2013 on the ground that “the pending service mark cannot be registered because it falls under Article 6(1)3 and 7 of the Trademark Act and Article 7(1)11 of the Trademark Act.” On April 25, 2014, the Korean Intellectual Property Office examiner filed an objection against the registration of the service mark on the ground that “the pending service mark cannot be registered as it falls under Article 6(1)3 and 7 of the Trademark Act on the ground that it has no distinctive character as to the date of the designated service business and the field sales agent, etc. among the designated service business, it constitutes an objection against the decision to refuse the registration of the service mark (Article 17(1)1 of the Trademark Act).”

(A) On May 23, 2014, the Plaintiff filed a petition for a trial seeking the revocation of the foregoing decision of refusal.

(B) During the trial on July 17, 2015 (No. 2014 Won3068) (B), the Korean Intellectual Property Trial and Appeal Board notified the Plaintiff of the grounds for rejection on the ground that it is inappropriate for the Korean Intellectual Property Trial and Appeal Board to grant the Plaintiff the exclusive license for a specific person under the name widely known to ordinary consumers. As such, the Korean Intellectual Property Trial and Appeal Board notified the Plaintiff of the grounds for rejection (Evidence 3 C) on August 26, 2015, the term “military agent,” which is the main parts of the pending service mark, was beyond the concept of the special recognition coming from the military, and thus, the term “military agent,” which is the main parts of the pending service mark, was widely known to ordinary consumers or traders as a general name related to the military.

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