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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. 1) Date of application/registration date//registration number of the instant registered trademark: / August 3, 2002 / 18/ August 18, 2003 : 3) Designated goods: The owner of the instant registered trademark right: The plaintiff
B. On January 19, 2015, the Defendant: (a) filed against the Plaintiff on January 19, 2015; and (b) the instant registered trademark constitutes a trademark having the character of designated goods, or having no other distinctive character, recognized as “the use of the registered trademark is an easy blood organ”; and (c) thus, the registration thereof shall be invalidated pursuant to Article 6(1)3 and 7 of the Trademark Act.
Article 6(1)3 and 7 of the Trademark Act, and Article 6(2) of the Trademark Act cannot be deemed to have acquired distinctiveness through the use of Article 6(2) of the Trademark Act, and thus the registration should be invalidated. 2) The Intellectual Property Trial and Appeal Board reviewed the above request for a trial on August 7, 2015, and rendered the instant trial decision citing the Defendant’s request for a trial on the invalidation of the registration of the instant registered trademark. The instant registered trademark was indicated in a common way as to the nature of the blood transfusion, which is the designated goods, and it was not possible for consumers to distinguish whose business the goods are indicated.
【Ground for recognition】 The fact that there is no dispute, Gap 1 and 2, the purport of the whole pleading
2. Summary of the parties’ assertion
A. The instant registered trademark “1”) is highly likely to be observed as a whole, and even if the instant registered trademark is deemed as a combination of “EASY” and “GLUCO”, it cannot be said that the meaning of “use”, etc. from the instant registered trademark cannot be directly reduced due to the combination of the two words, and cannot be deemed as falling under Article 6(1)3 of the Trademark Act due to the appearance of a unique increase.