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(영문) 특허법원 2016.09.01 2016허2782
등록무효(상)
Text

1. The decision made by the Intellectual Property Tribunal on April 1, 2016 by the Intellectual Property Tribunal on the case shall be revoked.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. Basic facts

A. On December 23, 2015, the Plaintiff asserted that the instant registered service mark constitutes Article 7(1)7 of the Trademark Act because it is similar to the prior registered service mark and its designated service mark, and that the instant registered service mark may cause confusion as to its source as it is similar to the prior registered service mark widely known to domestic consumers. As such, Article 7(1)10 of the Trademark Act is also applicable to the instant registered service mark, and the registration should be invalidated. (2) The Intellectual Property Trial and Appeal Board reviewed the instant case as the first five hundred and seventy11, and tried on April 1, 2016, the instant registered service mark was not similar to the prior registered service mark, and thus, it does not fall under Article 7(1)7 and 10 of the Trademark Act. (3) of the Trademark Act. (4) The Intellectual Property Trial and Appeal Board dismissed the Plaintiff’s claim for adjudication on the ground that the prior used service mark does not fall under the instant registered service mark.

(b) The Defendant’s registered service mark(A)(1)/registration date/registration number: B/ C/ service mark(D2) composition: 3) designated service business: Business management (personnel management/30000/ marketing/satiss/ customer satisfaction) under Category 35 classified by service business: consulting service business, business management (personnel management/300/satiss/satiss/satissatiss) consulting service business, business management (personnel management/300/satiss/satissatiss), information provision business, employee placement service, management information provision business, hedge-rating business, job placement consultation business, employment information consulting service.

C. The Plaintiff’s prior-registered service mark (A evidence 6-1) 1)/ Date of application / Date of registration / Date of renewal / Registration : August 12, 1990 / 190 / May 11, 2011 / Service mark registration No. 14689 2): 3 designated service business classification : advisory services of seminars on business in Category 3, 35, advisory services on business, customer management.

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