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(영문) 특허법원 2017.04.14 2016허7770
등록취소(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) Registration number 1)/ Date of application / Date of registration / Date of registration : B/ C/D2: Designated goods: (attached Form 1) designated goods: The obligee entitled to registration: the Defendant

(b) Products using trademarks 1) : (b) products using electric bed, hot-projected, and earth bed: 2) products: electric bed, hot-projected, and earth bed; (b) products using trademarks 3(a) in real use: electric bed, hot-projected, and earth bed; (b) products using trademarks 4(a) in real use: electric bed, hot-projected, and earth bed; (b) electric bed, hot-projected, and earth bed;

C. Plaintiff’s registered trademark/service mark 1) registration number / filing date / service mark 1(a) of the prior registered trademark/service mark : Designation service (C) of the service mark registration No. 157888/100 January 20, 2006 / December 13, 2007: (a) [Attachment 2].

. The same is as described in the paragraph. (d) : Plaintiff 2) registration number / filing date / service mark 2 (A) registration number / registration date: Composition of service mark registration No. 30209// October 17, 2013: (c) designated service: [Attachment 2] : (b) registration number / service mark 3 (A) registered prior to registration / service mark 3 (Plaintiff 3) registration number / registration date / registration date / registration date : 5323// registration date : 543523// service mark 19/ 203 March 16, 201: c) designated goods [Attachment 2].

. The same as indicated in paragraph (3). The holder of the right to registration: (4) the registration number of the prior registered trademark/service mark 4(A) / the filing date: the former designated goods of No. 828260/ Jan. 28, 2008/ Jan. 28, 2008: (b) the former designated goods of No. 11: the holder of the right to registration: the holder of the right to registered electric wave (limited to products with soil erosion function) of Category 11 classified into the goods:

D. On April 21, 2015, the Plaintiff: (a) against the Defendant on April 21, 2015, the Intellectual Property Trial and Appeal Board (2015Da2915), the Plaintiff used intentionally trademarks similar to the instant registered trademark on the designated goods by the owner of the instant registered trademark, exclusive or non-exclusive licensee; and (b) caused general consumers to use the trademarks on which the Plaintiff’s registered trademark/service mark was used.

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