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(영문) 특허법원 2020.02.07 2019허6150
거절결정(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 of the instant international registration application trademark (Evidence 1)/designated designation: Pursuant to Article 86-14(1) and (2) of the former Trademark Act (Amended by Act No. 14033, Feb. 29, 2016; hereinafter the same) of B/C, an international application that is internationally registered under the Protocol on the Madrid Agreement concerning the International Registration of Marks and designates the Republic of Korea as a designated State (including subsequent designation) shall be deemed an application for trademark registration under the Trademark Act; and the international registration date under Article 3(4) of the said Protocol shall be deemed the filing date of the trademark registration under the Trademark Act; Provided, That in cases of an international application that subsequently designated the Republic of Korea, the subsequent designation shall be deemed the filing date of the international registration under Article 2(1) of the said Protocol (referring to the international registration date under Article 2(1) of the said Protocol) registered in

old designated goods: Folding of Category 18, bieflass, gladone bies, bieflass, suitclass, carcar-on blags, softs (latergage), handbas, Bathon blaps’s brens, rukes, ruks, rucks, felt pos, drings, clings, card (noteas), shrings, grings, prys, creshing, creshing and net work, breshing, creshing, creshing and neting, breshing, breshing, creshing, creshing, creshing, creshing, creshing, cresh-laging and neting, creshing, creshing, greshing, gresh, ems, ras, le-ems, nets.

(b) The registration number of the earlier application of this case (certificate No. 5) / the filing date of the application/registration date of the earlier application of this case: The designated goods: The owner of the trademark right of animals and bamboo of category 18 classified into the category of goods, walletss, locks, travel bags, bags, ropes, ropes, sacricks, saves and clothing for pet animals: G company;

C. On February 13, 2017, the examiner of the Korean Intellectual Property Office who rejected the instant decision by the examiner of the Korean Intellectual Property Office 1 as to the decision of refusal by the examiner of the Korean Intellectual Property Office, filed the earlier application for the trademark registration of the instant international registration prior to filing.

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