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(영문) 특허법원 2019.09.27 2019허2080
권리범위확인(상)
Text

1. The decision made by the Intellectual Property Tribunal on January 22, 2019 on the case No. 2016Da3080 shall be revoked.

2. The costs of lawsuit shall be.

Reasons

1. Basic facts

(a) Date of application 1)/registration number: 3) Designated goods consisting of the filing date of the instant registered trademark 1/ the filing date/registration number: C/D/E materials: manufactures of concrete agents for category 6 classified into goods, reinforced materials for concrete metal materials, concrete metal removal fixtures, clothing materials for construction or metal materials for construction, steel frameworks for construction, metal materials for construction, metal materials pole for construction, base metal systems for metal for construction, metal studes, metal materials for construction, metal removal works for building, wall board, metal removal materials for building, exterior of walls, metal materials for building, metal removal materials, metal removal materials for building, metal materials reinforced, metal materials for building, metal removal materials for building, automatic metal removal materials for building, building metal removal, metal materials for building use, building metal boards, metal materials for building use, metal removal materials for building, metal removal, metal materials for building or metal removal, building metal materials for building use, stampling, building metal materials for building use, metal manufacturing, metal materials for building use, metal manufacturing or metal materials for building use;

(b) Composition of the challenged mark 1: 2) Goods using: 3 users, such as concrete metal studs, concrete agents construction materials, reinforced materials for architectural metal, and concrete concrete agents for construction: the Plaintiff;

C. (1) On October 5, 2016, the Defendant filed a petition against the Plaintiff for an affirmative confirmation of the scope of rights as to the instant registered trademark, since the Plaintiff’s challenged mark and the instant registered trademark are identical or similar to the mark and the designated goods, the challenged mark belongs to the scope of rights of the instant registered trademark. (2) The Intellectual Property Tribunal deliberated on the instant petition for adjudication of the scope of rights as 2016Da3080; and (3) on January 22, 2019, the challenged mark and the designated goods of the instant registered trademark are identical or similar to the marks subject to confirmation and the designated goods of the instant registered trademark.

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