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(영문) 특허법원 2019.05.03 2018허7798
등록무효(상)
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff, including the part resulting from the succession participation.

Reasons

1. Basic facts

A. registered trademark 1) / Date of application / Date of registration : D/ E/F2) old designated goods: 3) Final right holder: Defendant’s successor.

(b) 1) Trademark registration number/registration date/registration date/registration date: G/H/I/B on July 14, 2015: Former designated goods: Category 28 of the classification of goods: The holder of right to register (J2) trademark registration number/registration date/registration date/registration date: (a) designated service of Category 28 of the classification of goods: The holder of right to register Category 3 (a) trademark/ the date of application of Category 3 (B) trademark: the date of application of Category 3 (B) trademark/ the date of registration/ the date of application of Category 4 (N/M): The holder of right to registered goods of Category 4 (C)/ the date of application of Category 4 (3) trademark: the date of application of Category A: the holder of right to registered goods of Category 28 (D): the date of application of Category 4 (3) trademark: the date of registration of Category 4 (D)/ the date of application of Category 3)/ the date of registration of Category 4 (D)/ the former.

C. 1) The Plaintiff filed a petition for a trial on invalidation of the trademark of this case against the Defendant with the Intellectual Property Tribunal, stating that “The instant registered trademark is identical or similar to the mark 1 through 4 of the pre-registered trademark, and the designated goods are identical or similar to the designated goods, and thus the registration should be invalidated under Article 7(1)7 of the former Trademark Act (amended by Act No. 1403, Feb. 29, 2016; hereinafter “former Trademark Act”).” (2) The Intellectual Property Trial and Appeal Board deliberated on the said request as 2017Da1179, and thereafter on July 24, 2018, the instant registered trademark is distinguishable from the first registered trademark 1 through 4, and its name and concept are not likely to cause mistake or confusion as to the source of goods by being used together with the same or similar goods.

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