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(영문) 부산지방법원 2016.12.26 2016노2335
상표법위반
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts or misunderstanding of legal principles 1) “I Negauny” (hereinafter the trademark in this case)

(2) Article 7(1)4, 9, 10, or 12 of the former Trademark Act (amended by Act No. 1403, Feb. 29, 2016); Article 7(1) of the former Trademark Act (amended by Act No. 1403, Feb. 29, 2016); (2) Any of the following trademarks cannot be registered, notwithstanding Article 6:

4. Any trademark, the trademark itself or the trademark of which is used on goods, the meaning and contents of which to users are feared to be detrimental to the good customs being the normal moral sense of the general public or to damage the public order;

9. A trademark which is identical or similar to a trademark (excluding a geographical indication) which is recognized remarkably by consumers as indicating the goods of another person; 10. A trademark which is used on goods identical or similar to the goods of another person; 10. A trademark which causes confusion with the goods of another person remarkably recognized by consumers; or 12. A trademark which is identical or similar to a trademark (excluding a geographical indication) which is recognized as indicating the goods of a third person by consumers in the Republic of Korea or in a foreign country as indicating the goods of another person and is not registered for unjust purposes, such as obtaining unjust profits or inflicting harms on the third person, and thus, is null and void;

3 Even if not invalid, H’s trademark registration prior to this day.

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