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(영문) 특허법원 2020.04.02 2019허8064
등록무효(상)
Text

1. The decision made by the Intellectual Property Tribunal on October 14, 2019 by the Intellectual Property Tribunal on a case No. 2019Dang29 shall be revoked.

2. The costs of lawsuit shall be.

Reasons

1. Basic facts

A. (1) Date of application/registration date//registration number: (3) Designated service business consisting of D/E/F (2): (a) Sale brokerage business within category 35 of the service business; (b) retail business of Contex cleaning; (c) wholesale business of Ambex retail business; (d) Ambre retail business; and (g) Ambre retail business owner: Plaintiff (G registered the instant service mark and completed the registration of transfer on January 15, 2019 for transfer by reason of transfer)

B. (1) On January 4, 2019, Article 6(1)3 and 7 of the former Trademark Act (amended by Act No. 1403, Feb. 29, 2016; hereinafter the same) is applicable under Article 6(1)3 and 7 of the former Trademark Act (amended by Act No. 14033, Feb. 29, 2016; hereinafter the same) and Article 7(1)6 of the former Trademark Act, since the registered service mark of this case against the Plaintiff falls under Article 7(1)6 of the former Trademark Act, since the registered service mark of this case is indicated in a common way by common use as raw materials and additional indications, and the figure portion is merely the background of the text and thus has no distinctive character, it constitutes a registered service mark of this case, claiming that the registration should be invalidated.

(2) On October 14, 2019, the Korean Intellectual Property Tribunal rendered a ruling of citing B’s request for adjudication on the ground that the registered service mark constitutes grounds for invalidation under Article 6(1)3 and 7 of the former Trademark Act on the ground that it constitutes grounds for invalidation under Article 6(1)3 and 7 of the former Trademark Act, since it is not desirable for the public interest to allow a specific person to exclusively use the service mark, as the registered service mark falls under the common name and characteristics described or described in order to advertise and advertise in the outdoor retail business.

(hereinafter referred to as “instant trial decision”). C.

On November 13, 2019, the Plaintiff’s taking over the lawsuit is subject to the instant trial ruling.

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