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(영문) 특허법원 2018.07.26 2018허2212
등록무효(상)
Text

1. The decision made by the Intellectual Property Tribunal on January 23, 2018 on the case No. 1730 shall be revoked.

2. The costs of lawsuit shall be.

Reasons

1. Basic facts

(a) The Defendant’s registered trademark (Evidence 2) 1)/ Date of application / Date of registration / Date of decision on registration: The trademark registration No. 116331/ July 17, 2015/ February 18, 2016/ February 29, 2016: 3 designated goods: contact lensess, contact lensess, contact lenses containers, horns, eyeglassess, and contact lensess for the classification of goods:

(b) Registration number 1) / Date of application / Date of registration / Date of registration determination / Date of registration / Date of renewal of registration: Designated goods under Article 678340/40 of trademark registration / April 18, 2005 / April 6, 2006 / September 14, 2006 / 2, 2016: 3) : The person holding the right to registration is as shown in the attached Form 4.

(c) The registration number (Evidence 6) 1 of the earlier application trademark / the filing date / the registration date / the registration date: (i) the trademark registration No. 1201713/11.11/2, 2014. 81. 2. 8. 2016. 8. 2016. : 3) the designated goods: contact lenses, contact lenses, contact lenses for correcting eyesights, contact lenses for beauty purposes, contact lenses for beauty, color contact lenses, protective eye, protective eyes, writing lenses, sports ice (sports light), sports ices, light competition, light competition, light competition, light competition, light competition, light competition, light competition, container mat, container 4 et al. al.: the obligee entitled to registration, the Plaintiff, the obligee entitled to registration, the container 4 et al. of the earlier application;

D. On June 22, 2016, the Plaintiff filed a petition for registration invalidation trial on the instant registered trademark with the purport that “The instant registered trademark is similar to the prior registered trademark and the prior applied trademark and its designated goods are identical or similar to those of the designated goods, thereby falling under Articles 7(1)7 and 8(1) of the former Trademark Act (wholly amended by Act No. 14033, Feb. 29, 2016; hereinafter the same shall apply).” On January 23, 2018, the Intellectual Property Tribunal filed a petition for registration invalidation trial on the instant registered trademark. 2) On January 23, 2018, “The instant registered trademark is similar to both the prior registered trademark and the prior applied trademark, their appearance, concepts and names.”

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