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(영문) 특허법원 2017.10.13 2017허1595
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) The filing date and registration number of the Plaintiff’s registered service mark of this case: on September 7, 2012, the date of application and registration: on March 12, 2015, No. 315938 (2) the former service business: the designated service business: the business of selling cosmetics for strawer in Category 35 classified service business, the sales business of precious metal, the sales business of scrap metal, the sales business of non-processed metal, the business of capturing and retail, the business of capturing and retail in Regulation 35.

(b) Date and date of application of the Defendant’s registered trademark (Evidence 1)/registration number: B/C/D2) previous designated goods of Category 3: New uniforms, children’s clothes, ices, ices, Titts, Schlages, Schlages, sports Shirts, air conditioners, strings, caps, leathers, leathers, scackers, scacks, scamblings, spons, bi-brings, wrings, wrings, slots, slots, slots, administrations, himselfckets, compactets, compactets, ambac, ambac, lock, lock-up, tamp, bret, two-ways, two-ways, two-way bresh, two-ways, one-way, two-way, one-way, two-way, two-way, one-way, one-way, one-way, one-way, one-way, one-way, one-way, two-way, one-way, one-way.

C. On August 10, 2015, the Defendant: (a) against the Plaintiff, the holder of the instant registered service mark “” in the Intellectual Property Trial and Appeal Board on August 10, 2015; and (b) the remainder of the designated service business of the instant registered service mark, excluding the cosmetic retail business for skins; and (c) the part of the instant registered service mark “the sales business for fluor and fluor and fluor and fluor and fluor and fluor retail business for precious metal products.”

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