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(영문) 특허법원 2017.12.15 2017허6453
등록무효(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. 1) The Plaintiff’s registered service mark indicated in the following B (hereinafter “instant registered service mark”) against the Defendant at the Intellectual Property Tribunal (hereinafter “instant registered service mark”).

(C) The Plaintiff’s prior-use trademarks and pre-use trademarks indicated in paragraph (c) stated that the instant registered service mark is identical or similar to the prior-use trademark “,” “,” or the prior-use trademark at the same trial stage. However, the Plaintiff did not assert that the instant registered service mark was identical or similar to that of the prior-use trademark. However, the Plaintiff’s mark is similar or similar to that of the Plaintiff’s prior-use trademarks, which is recognized among domestic consumers, and is filed for an unlawful purpose of acquiring the economic credibility incorporated into the prior-use trademark as indicated in Article 7(1)7, 9, 11, and 12 of the former Trademark Act (amended by Act No. 1403, Feb. 29, 2016; hereinafter the same) and thus, the registration should be invalidated.

2) On August 7, 2017, the Korean Intellectual Property Tribunal deliberated on the instant registered service mark as 2016Da2728 and decided to dismiss the Plaintiff’s claim by deeming that the instant registered service mark is not similar to the prior registered service mark, the prior used trademark, and the prior used trademark (hereinafter “instant trial decision”).

B. B. The instant registered service mark 1) registration number / filing date / registration date: service mark registration B/C/D2: 3) designated service business: Information provision or consultation on advertising and commercial information service business, business management and marketing, consultation on business management and marketing, business information and accounting consultation, Internet advertising and commercial information service business, furniture wholesale, bedclothes sales brokerage business, etc. (the detailed contents of the service mark are as shown in the attached Table): Defendant.

C. Prior-registered service mark and prior-use trademark 1) registration number / filing date/registration date: service mark registration No. 185948/11, 2006.

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