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(영문) 특허법원 2018.06.15 2017허7555
등록무효(디)
Text

1. The decision made by the Intellectual Property Tribunal on September 15, 2017 by the Intellectual Property Tribunal on the case No. 2016Da727 is revoked.

2. The costs of lawsuit shall be.

Reasons

1. Basic facts

(a) The name of the product B/C/D2: The description and drawings of the design of the instant registered design (Evidence A(2) 1)/ the filing date: B/C/D2: The fixed face value shall be as follows, and the remaining details shall be as specified in Appendix 1. 4: the Defendant;

B. Prior designs 1 are the same as the comparable design submitted in a registration invalidation trial of the registered design of this case, and the Plaintiff first submitted the prior design 2 to the instant lawsuit.

1) The design registration number / the filing date of the prior design 1 (A) / the filing date: the name of the article 598851/ 23/2010: the description and drawings of the design for pet toy (hereinafter referred to as "toy of pets") : the level specified below; the remaining details are as stated in attached Table 2; d. 5) 2 (A): Plaintiff 2) of the prior design: The Internet page htpss://blg.naver. 10/107949; the Plaintiff's product listed in Article 5981/200: the name of the article 59/2010; the name of the article 13 (B) design of this case; the design of this case and similar design of this case constitute 13 (A) design of this case; the name of the design of this case and similar design of the owner of the prior design right; and the description and registration of the design of this case 1) are easily removed from the design of this case.

2) After reviewing the registered design as 2016Da727, the Intellectual Property Trial and Appeal Board dismissed the Plaintiff’s request for a trial on September 15, 2017 on the ground that the registered design of the instant case is not similar to that of the prior design 1, and that it does not constitute a design that can be easily created from the prior design 1. [No dispute over the grounds for recognition exists.]

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