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(영문) 특허법원 2017.10.13 2017허2185
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 Defendant’s registered service marks of this case: on September 7, 2012, the date of application and registration: on March 12, 2015, No. 315938 (2): the designated service business: the business of selling cosmetics for strawer in Category 35 classified service business; the business of selling precious metals string and retail; the business of cutting precious metals string and retail; the business of cutting and selling non-metallic metals string and retail; the business of cutting and retail; the business of cutting and retail; the business of cutting and selling waste strings in Category 35.

(b) The filing date and registration date/registration number of the Plaintiff’s registered trademark (Evidence 3) 1: B/C/D2) previous designated goods of Category 3: New uniforms, children’s clothes, straws, swets, Schlages, Schlages, sports air conditioners, strings, caps, leathers, leathers, scamblings, spons, spons, double-brings, brings, wrings, wrings, slots, slots, slots, slots, wrings, slots, administrations, himselfckets, compacts, compactets, ambac, lock, lock-t, tamp, bret, two-way,25 of the classification of goods;

C. On August 10, 2015, the part of the instant trial decision against the Defendant, who is the person holding the right to service mark “” of the instant registered service mark, with the Intellectual Property Tribunal on August 10, 2015, with the exception of the “cosmetic retail business for slock” among the designated service business of the instant registered service mark, “the part of the instant registered service mark”, which is “the sales business for slocks, Slocks, Slocks, Slocks, and Mo-Mo-Ma-Ma-Ma-Ma-Ma,

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