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(영문) 특허법원 2015.11.20 2015허4927
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 applied trademark (A) 1) / the filing date of the priority claim / the application number: The composition of March 16, 2012 / No. 40-201-5323 2) : Designated goods (attached Form 3):

(b) Registered trademark 1A/Registration Number: 30.0 on September 20, 2010: 10.06.0.00/3 on September 25, 201: 10.00: 1.00/10 on September 20, 201.0: 3rders; 20.0.0/10 on June 1, 201; 3.06.0/100 on June 21, 201.0

C. 1) On August 19, 2013, the examiner of the Korean Intellectual Property Office (hereinafter “Korea Intellectual Property Office”) made the Plaintiff on August 19, 2013 with respect to the trademark “” applied for trademark of this case, the trademark of this case is identical or similar to the prior registered trademark and its marks and designated goods, and the name of “nute juice” among the designated goods is unclear, and thus, the trademark cannot be registered pursuant to Articles 7(1)7 and 10(1) of the Trademark Act.

2) On December 2, 2013, the Plaintiff notified the Plaintiff of his opinion to the effect that the instant patent is identical to that of the registered trademark, as well as to the appearance of the registered trademark, and in terms of name and concept.

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