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(영문) 특허법원 2020.01.10 2019허5812
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 trademark registration number / filing date / registration date 1) of the instant registered trademark (Evidence A 2 and 5) / : C/D/E 2) previous designated goods: Razers, razers treatment equipment, anti-sporporbide gambling equipment, medical machinery and appliances, medical appliances, medical sturgical instruments, high-frequency theater for medical use, medical rabsium, medical sturging equipment, medical sturging equipment, medical therapy, injection, medical vibration, ion and ultra-wave and radzers complex functions, using low-frequency electrical equipment, ultra-frequency electrical equipment, skin-frequency therapy equipment, skin products, injecting equipment, electrical appliances, wurging equipment, and electrical massage equipment: Defendant 4) entitled to the right to use the instant registered trademark:

(b) A’s trademark registration number / filing date / registration date: F/ G/H2) previous designated goods (used goods): Hegel used for cremation in the course of beauty management contained in the cosmetic period contained in Category 03 on the classification of goods: The Plaintiff; the Plaintiff;

C. The trial decision of this case (Evidence 1) 1 of the Intellectual Property Tribunal filed a petition for a trial on invalidation of the registration of the trademark of this case against the defendant who is the owner of the trademark of this case, on the ground that "the registered trademark of this case is identical or similar to the prior registered trademark of this case, the mark, and the designated goods of this case, and constitutes Article 7 (1) 7 of the former Trademark Act (amended by Act No. 1403, Feb. 29, 2016; hereinafter the same shall apply). Before the filing date of the registered trademark of this case, the registered trademark of this case is identical or similar to the prior registered trademark of this case, which is widely known as the plaintiff's trademark prior to the filing date of the registered trademark of this case, because it causes confusion with the plaintiff's goods or business, or is used for an unlawful purpose, and thus the registration shall be invalidated as it falls under subparagraphs 10 and 12 of Article 7 (1) of

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