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(영문) 특허법원 2015.05.29 2014허8106
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. The filing date of the instant trademark 1)/ (division)/ the filing date of the initial application: 26/12. / December 13, 2012 (No. 40-201-778632) comprised of designated goods: 3 designated goods classified as category 20: sound, table, clothes, clothes, himself/herself, himself/herself, clothes, display places, book boxes, book boxes, locks, table, table.

B. 1) The filing date/registration date/registration number of an earlier application: (a) the organizing of the designated goods on December 13, 2010 (No. 943910 2): The designated goods are as shown in the attached Form No. 14; (c) Plaintiff No. 1 on October 20, 2014, concerning the applied trademark of this case, such as the process of the instant trial decision, was changed to the current trade name from the “ Madrids Co., Ltd., Ltd.”; (b) the examiner of the Korean Intellectual Property Office, on August 19, 2013, on the ground that the trademark of this case was identical to the trademark of the earlier application and its mark; (c) the Plaintiff’s rejection ruling on the designated goods “No. 14, 2000, clothes, display site, books, books, 100, 1400, 1000, 14, 2014, 10, 2014.”

2. The gist of the grounds for revoking the decision by the Plaintiff’s assertion is that the designated goods of the applied trademark of this case are furnitures as daily living goods, or that of the designated goods of the applied trademark of earlier application, “predive metal makers, bail boxes” are musical instruments or craft goods for keeping precious metals, etc.

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