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(영문) 특허법원 2016.12.23 2016허6937
등록무효(상)
Text

1. The decision made by the Intellectual Property Tribunal on July 19, 2016 on the case No. 2015Da562 shall be revoked.

2. The costs of lawsuit shall be.

Reasons

1. Basic facts

A. The registration number 1)/ the filing date/registration date of the instant registered trademark: the registered trademark No. 964772//11 July 1, 2012, 2012; 3) the former : The designated goods of Category 3 classified into the product: Hague, Hague, Hague, Herototh, Hague, cosmetics, cosmetics (cosmetic cart), cosmetics for cremation, mebbbbbbbs, cosmetics, bathing cosmetics, mebbbbs, bathing cosmetics, bathing cosmetics, excluding cosmetics for bath, excluding cosmetics for medicine, excluding cream products for cremation, fluor and did purposes, excluding cremation for cremation, cremations and furokes, fukek for cremation, marinck for cremation, marinck for cremation, shamp, shampoo, shampoo, shampoo, and 4) the holder of the right to register the Defendant’s refined medicine, excluding the right to register the Defendant’s 4).

(b) 1) Registration number/application date/registration date of prior registered trademark: The former registered trademark No. 885289// October 1, 2010: 20/ October 17, 201: 3) designated goods: The applicant for registration is as shown in the attached Form 4.

C. On February 23, 2015, the Plaintiff filed a petition for trial to invalidate the instant registered trademark on the ground that “The instant registered trademark and the prior registered trademark are similar to the name, concept, and designated goods, and thus, the instant registered trademark constitutes Article 7(1)7 of the former Trademark Act (wholly amended by Act No. 14033, Feb. 29, 2016; hereinafter the same shall apply) and filed a petition for trial to invalidate the instant registered trademark on July 19, 2016.”

[Grounds for recognition] The descriptions and images of Gap evidence Nos. 1, 2, and 3, and the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s summary of the Plaintiff’s assertion is “Angel’s Rring” and “Hlika Hlika’s part of the mark, located at the center of the mark, and solidly marked, thereby bringing general consumers’ attention to the mark.

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