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(영문) 특허법원 2020.05.07 2019허9012
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. (1) Registration number / filing date / registration date / (2): (3) Designated goods: A mark holder of a game software program (4) recorded, a program for processing data in the party room, a program for the game room, a computer program for managing the party room, a mechanical device for calculating Class 9 of the classification of goods, a computer program for managing the party room, a optical bulletin board, a time recording machine, a program for operating system, a computer game software, a computer game software, a computer game program, a computer operating system software, a computer operating system software, a computer program for processing the party room, a program for processing data in the party room, a

(b) Composition (1) of the registered trademark / filing date/registration date: (3) of the designated goods classified as category 28 of the goods: Game boards for the current game, watchers, watchers for the current room, watch plates for the current room, stampers for the current room, watchers for the current room, watchers for the current room, watchers for the current room, watchers for the current room, watchers for the current room, watchers for the current room, watchers for the current room, watchers for the current room, watchers for the current room, watchers for the current room, watchers for the current room, watchers for the current room, watchers for the current room, watchers for the current room, coo for the current room, showers for the current room, check bags for the current room, shampers for the current room, shamp for the documentary for the current room, shamp for the current room : Defendant; and (4) Person entitled to a right to a right to a right to a right to a right to a deposit for the front;

C. (1) On November 22, 2018, the Defendant: (a) had grounds for invalidation of the trademark registration under Article 34(1)7 of the Trademark Act because the instant registered trademark is similar to the prior registered trademark; (b) there exist grounds for invalidation of the trademark registration under Article 34(1)12 of the Trademark Act, as it is likely that consumers would be only aware of the same or similar to the prior registered trademark known as the well-known trademark; and (c) the instant registered trademark is identical or similar to the prior registered trademark recognized as indicating goods of a specific person by consumers; and (d) is used for unlawful purposes, such as obtaining unjust profits or inflicting losses on the specific person; and (e) asserts that there exists grounds for invalidation of the trademark registration under Article 34(1)13 of the Trademark Act as to the instant registered trademark.

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