205Heo8951 Decision of Refusal (Trademarks)

Schling Co., Ltd. (Schling Co., Ltd.)

U.S. New Zealand 0703 Schedule 0703 Schedule Round Round 2000

(200 Galloping Htill Rod, Kenworth, NJ, 07033, U. S. A)

Representative Cho Lel Hael Wiener

Attorney Hwang Young-ju, Counsel for the plaintiff-appellant

The Commissioner of the Korean Intellectual Property Office

The participation of the litigation performer in distribution;

March 8, 2006

April 5, 2006

1. The decision made by the Intellectual Property Tribunal on August 25, 2005 on the case No. 2004 Won5847 shall be revoked.

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

The order is as set forth in the text.

1. Basic facts

(a) Details of the trial decision;

On June 24, 2003, the Plaintiff filed an application for the trademark of this case as indicated below, and the Korean Intellectual Property Office rendered a decision of November 9, 2004 on the ground that the trademark of this case is similar to the prior registered trademark and its designated goods as indicated below (c) and thus, it cannot be registered under Article 7(1)7 of the Trademark Act.

On the plaintiff's appeal against the above decision of refusal, the Korean Intellectual Property Tribunal rendered the decision of dismissal of the plaintiff's appeal on the ground that the trademark of this case is referred to as "ELL". Thus, the trademark of this case is similar to "ELL" and "Cheong LL", and both trademarks are similar to the registered trademark of this case, and all kinds of chemicals are designated goods, and the designated goods are similar to the designated goods, and thus the trademark of this case cannot be registered.

B. The filing date/ the application number of the applied trademark (1): June 24, 2003 / 2003 - 28474 (2): ELCOM (3): The designated goods are as shown in the attached Form.

(c) Date of the prior registered trademark (1)/registration date / renewal date/registration number: / December 11, 1993 / April 6, 1995 / April 30, 2005 / 31012 (2) of March 30, 2005: ELV freight (3): Artificial reduction, organic halog freight (category 1 of classification of goods), non-staminos, Aminos, Aminosic acids, mid-to-date drugs, medicines for early warning of horses, identification items, sporessive medicine for sporessive agencies, sporess per 5 of classification of goods);

[Ground for Recognition: Facts without dispute]

2. Whether the trial decision is legitimate;

A. The applied trademark of this case is a mark composed of English, and the prior registered trademark is a mark consisting of Korean, and both marks do not have any special meaning, so they cannot prepare for its concept, and their appearance is different. Meanwhile, the prior registered trademark is referred to as “ELV”, and the prior registered trademark EOLM can be referred to as “ELV” or “ALcom”, “EOCOM”, “LLcom”, and “Acom”, and the trademark of this case is referred to as one of them. We examine whether the prior registered trademark of this case is referred to as “B”.

In determining the similarity of trademarks in foreign languages, in principle, the name of trademark in foreign languages is determined naturally by the development of most of Korean traders or consumers without any special difficulty in reporting the foreign language. In a case where it is recognized that Korean traders or consumers mark the trademark in a specific Korean language, etc., the name of trademark in foreign languages should be determined in consideration of such specific use situation (see Supreme Court Decision 2004Hu2093, Nov. 10, 2005).

B. First of all, when comparing the designated goods of the applied trademark of this case and the prior registered trademark of this case, the term “non-permanently halogen” among the designated goods of the prior registered trademark refers to the trademark of this case, “non-permanently halogen” is identical or similar to the designated goods of the applied trademark of this case, and the term “ologen” among the designated goods of the prior registered trademark is not clear, but the term “ologen” means all the designated goods of this case which are identical or similar to the designated goods of this case, “ologen” is identical or similar to the designated goods of this case except for the so-called “ologenly halogen”, and the term “ologen” is identical or similar to the designated goods of this case which are identical or similar to the designated goods of the prior registered trademark of this case.

C. According to Articles 50 through 52 of the Pharmaceutical Affairs Act and Article 80 of the Enforcement Rule thereof, the name of the container or package (including outer package) of a drug shall be written in principle. The name of the manufacturer shall be written in the Korean language except for the drug for export, and the manufacturer shall be able to enter the same size as Korean or a foreign language together with each description or photograph of evidence Nos. 3 through 253-3. In light of the overall purport of arguments, the manufacturer of a drug shall not only indicate the name of the drug in Korean, but also indicate the name of the foreign language as well as the name of the foreign language as well as the mark in the application for registration of a drug, and the Plaintiff shall also apply for trademark registration from 0 days to 30 days to 4 days to 0 days to 0 days to 0 days to 10 days to 10 days to 10 days to 10 days to 1994 to 10 days to 19 days to 10 days to 3 days to 1 day after the Plaintiff’s affiliated company in the Republic of Korea.

As seen above, all designated goods identical or similar to the designated goods of the prior registered trademark among the designated goods of the applied trademark of this case should be indicated in Korean under the provisions of the above Pharmaceutical Affairs Act. The name of the designated goods identical or similar to the prior registered trademark should be indicated in Korean under the above pharmaceutical Acts and subordinate statutes, there are many cases where the manufacturer of medicines files an application for the trademark composed of foreign languages and its Korean music trademark together with the trademark in the name of the medicine, and the Plaintiff marks the Korean trademark and the foreign language trademark as the drug currently produced and sold after being registered with the Korean music trademark of this case. The Plaintiff marks the applied trademark of this case and the above Korean music Station trademark "FCYN" together with the name of the current "EOCRN" before changing the registration of the trademark of this case, it seems that the trademark of this case can be seen as the combination of the designated goods identical or similar to the designated goods of the prior registered trademark of this case with the trademark of this case, and consumers of this case can be seen as the combination of the names "the prior to the registration of the trademark of this case and the designated goods of this case."

v. n.

D. As above, in a case where the trademark of this case is referred to as “A”, both the prior registered trademark and its integrity are different from each other, and thus, it cannot be deemed as a similar trademark. Therefore, the trademark of this case cannot be deemed as falling under Articles 7(1) and 7 of the Trademark Act, and the decision of this case, which different conclusions, is unlawful.

3. Conclusion

Therefore, the plaintiff's claim seeking the revocation of the trial decision of this case is justified and it is so decided as per Disposition.

Judge Lee Ki-taik,

Judges Dora-ok

Judges Noh Jeong-sik

To indicate the designated goods of the applied trademark of this case

농산물이유식, 유당 ( 乳糖 ), 축산물이유식, 유아용 분유, 수산물이유식, 코르티코스테로이

Dicoster (Corticosidre), remonmons for medical treatment, livestock disease treatment chemicals, medicines for identification agencies, reds

( 甘 ), 강장제, 개용 구충제, 건부병균용 ( 乾腐病菌用 ) 살균제, 경구용 피임약제, 고무를

Barun, fluoride agents (pesting agents), cluoride disinfection agents, cluoral agents, cluoral agents, cluoral agents, drar water (water), and

Diabal expansions, fest agents (Pest agents), kylinium for biochemical impulse remedy agents, snow washing agents, tobacco leaves;

사용하지 않는 의료용 권연, 대구간유, 대사성약제, 도찰제 ( 塗擦劑 ), 독약, 동물용 약제 ,

Medicines for dynamics, DNA (Dgitin), narcotics, narcotics, narcotics, medicines for terminal boundary, medicines for terminal Paris remedy ( customs)

For purposes of exclusions), mentmenl (Mithol), immunes, climatics, medicines for physical disability treatment, and black and tights

( 黑穗病 ) 치료제, 반창고제거용제, 발한치료제, 방부제, 방충제, 방충향, 배설촉진제, 백

Sectoral disease treatment chemicals, whites, dypology medicines, dypology medicines, rhypology medicines, rhypology medicines, rypology medicines, and vision

Insecting agents for human body, non-pile agents, human and animal microbide agents, oxygen for oxygen bath, sterilization agents, and slaughter expenses;

제, 살조제 ( 殺藻劑 ), 살충제, 생물학적 제제, 생약, 선번 ( Sunburn ) 치료용 연고, 선번

(unburn) Medicines for treatment, stoxins (to be poisonous), stoxins (to be stoves, stoves, stoves, cells-using medicines, salting agents;

Medicines for fire extinguishing agents, convergences, water dys, veterinary gysium, veterinary gysium, veterinary gysium, veterinary gysium, veterinary dysium

Socs, veterinary enzymes, circulars' pharmaceutical products, Selings', selings', selings, scarkes, and damps;

Gal stability agents, ASEAN, nicotines, medicines for internal medicine, alphar medicine, pharmaceutical products for alphargs, breadths, pharmaceutical lives, opphones for pharmaceutical purposes;

Cos for medicinal cans, caps for pharmaceutical use, caps for pharmaceutical use, products produced in manufacture of medicinal agents, royaltya, pina, pinacs, exchange agents for drums treatment;

EL characters medication, exchange for salt treatment, Oradeleck, yeast (Nebaguguguguguguguguguguguguguguguest), external clibol medicine, monthly clibolation

Now, sanitary disinfection, heat-preventive agents, harmful insects (pest agents), medicine for medical bath, gas for medical use, and medical care;

Medical cryp, medical cryp, preparation of medical cryption, medical cryption, medical cryption, medical cryption, and medical use

광천수, 의료용 구강세정액, 의료용 그리스, 의료용 글리세린, 의료용 기나피 ( 皮 ), 의료

용 나트륨염, 의료용 대추액, 의료용 대황근 ( 大黃根 ), 의료용 동위원소, 의료용 디아스타

Of course, Dill uril (Dill uril), urine for medical treatment, urine for medical treatment, urine for medical treatment, and urine for veterinary purposes

Medicines, chemical reagents for medical and veterinary purposes, burine for medical use, burine for medical treatment, climatic materials for medical use, and radiation manufacturing for medical use;

(D) Material, radioactive material for medical use, radioactive material for medical use, feed additives for medical use, and typha for medical use;

Bryra (Sarslala), detaileds for medical use, medication for medical treatment, medication for food use, medication for medical use, and us for medical use

Nogsan, Ireland for medical use, preparation of alutines for medical use, alkaloids for medical use, and Anrasty for medical use

Macoste, tobacco for medical use, medical salt, nutrition additives for medical use, medical pulse, medical pulvers (rerebral)

The brain for medical use (rerefuel oil), diesel for medical treatment, nicotine for medical treatment, diagnostic products for medical treatment, and the weighting weight of the body for medical use;

의료용 추잉검, 의료용 칼륨염, 의료용 콘듀랑고수피 ( 樹皮 ), 의료용 콰시아, 의료용 퀘브

라초수피 ( 樹皮 ), 의료용 퀴놀린, 의료용 키니네, 의료용 팅크제, 의료용 포도당, 의료용

Madboards, medical brine, medical brine agents, medical blood, medical brine, medical brine, medical brine, medical brine

Fuses, medicine medications, medications, gymnasium for pharmaceutical use, haloga for pharmaceutical use, balknas for pharmaceutical use, medical et al.

약용 동상연고, 의약용 로션제, 의약용 류풀린, 의약용 마그네시아, 의약용 맥각 ( 麥角 ) ,

의약용 맥아, 의약용 맹그로브수피 ( 樹皮 ), 의약용 멜리사수 ( 水 ), 의약용 모발성장촉진제 ,

의약용 목탄, 의약용 몰식자산, 의약용 미로 발란수피 ( 樹皮 ), 의약용 민트, 의약용 부식

Of pharmaceutical products, CD-ROMs, non-pharmaceutical drugs for pharmaceutical use, non-pharmaceutical drugs for pharmaceutical use, raid drugs for pharmaceutical use, and pharmaceutical products;

b)crocellose, accelerators for pharmaceutical use, fire extinguishing agents for pharmaceutical use, grow up with the clean for pharmaceutical use (watering);

Mascam for pharmaceutical use, mascam for pharmaceutical use, mascam for pharmaceutical use, almond for pharmaceutical use, alhyde for pharmaceutical use, medical significance

Medical alcohol, medicinal medicine, medicinal medicine, pharmaceutical medicine, chlost, pharmaceutical medicine, chlost, pharmaceutical medicine medicine, medicine medicine, medicine, etc.

J.O.C.O. medical, pharmaceutical, pharmaceutical, pharmaceutical, pharmaceutical, pharmaceutical, pharmaceutical, pharmaceutical, pharmaceutical, pharmaceutical, pharmaceutical

우유효소, 의약용 유칼립톨, 의약용 유칼립투스, 의약용 유황화 ( 疏黃華 ), 의약용 전제 ( 煎

劑 ), 의약용 중탄산 ( 重炭酸 ) 소다, 의약용 진흙, 의약용 초산알루미늄, 의약용 초산염, 의

약용 침제 ( 浸劑 ), 의약용 카슈, 의약용 콜로디온, 의약용 크레오소트, 의약용 타르타르 ,

의약용 테레빈, 의약용 테레빈유, 의약용 티몰, 의약용 페놀, 의약용 펙틴 ( Pectin ), 의약

PepsisisiCos, PepsiCos for medicine PepsiCos and PepsiCos, PepsiCos for pharmaceutical use, Hobbes extractions for pharmaceutical use, efficacys for pharmaceutical use, and treatment of

Exchange goods, sperm for artificial insemination, ginseng capsules, pregnant diagnostics, gymnasiums, gymnasium, gymnasium extractions

Essentials, stoves, additives for the manufacture of refining, stoves, stoves, stoves, stoves, preparations, stoves, stoves and stoves

Medical supplies, coordinatess, medicines for heavy drilling boundary, medicines for heavy drilling treatment, ratss, and hump marking for diagnosis;

Water quality, diagnosis medicine, cooling agents, medical control, water refining agents, edible teas, chemicals for weighting, maximum exemption;

치료용 아이소토프표지물질, 치아발생촉진제, 치유욕용 ( 治癒浴用 ) 해수, 치질용제, 치질

Medical treatment chemicals, canadide powder, cocarin, contact lenses washing agents, contact lensess' amount used for contact lenses, curur, sugar, sugars

Pucides, soil sterilization agents, turine, talthal therapy chemicals, Paris remedy agents (Puest agents), posium disease treatment chemicals, posium roots

리진디처치제, 피부경결 ( 硬結 ) 치료제, 피부보호용 약제, 항뇨산제제, 항문용 약제, 항생

Materials agents, ports, heating agents, harmful agents (Puides, harmful agents), hemogles, hemoglys, dump agents and blood use;

Of course, blood transfusions, blood transfusions, medicines for pulmonary surgery, pulmonary medicine, video therapy, chemical stuff disinfection, and chemical stuffs

School Legislations, chemical skins, medicines for chemical disability treatment, hyroids, hyroids, HBS ports

Cymology, pharmaceutical fluoride, pents, balthm prevention team, maththm prevention chemical, balthm pans, electric field

Tear chemical charging(s) forception, first-aid boxes, medical appliances, pents for booming, pents, pharmaceutical products, reflectors, and brushes

Madrums for chlorine, physiological Belgiums, biochemical liners for biochemicals, nibsss and liners for biochemicals, gyeasts, gyms;

Liopon, scopon, scopon, dump (for purposes), diapers for gold patients, panty or absorption for gold patients;

Re-, internal (Limiteds), Oraltoma, external surgery, and bones maty, external shelf, external surgery, and transplant for transplant;

Litch, punch for credit punch, sanitary panty, rubber for medical treatment, cream, medical maintenance, and medical treatment.

착밴드, 의료용 탄성밴드, 의약용 로션처리티슈, 의치용 도자기재, 이대 ( 耳帶 ), 치과용

Rubber, dental rops, cement for dental use, dental rops, dental roppy resin, dental roppy balance sheet for dental purposes;

Sponsing ground (except for cremation), Paris miscellaneous stuffing agents, species used in Paris miscellaneous, booming paper, booming paper, and unused for medical treatment

Water (other than filial length) / [Classification of Products No. 5]