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(영문) 특허법원 2016.01.28 2015허5180
거절결정(상)
Text

1. The decision made by the Intellectual Property Tribunal on June 19, 2015 regarding the case shall be revoked.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. Basic facts

(a) The filing date and the application number of the trademark 1) of this case: Composition (Color trademark) of No. 40-2012-22337 on April 3, 2012: 3 designated goods classified as the category 17: Filling materials for newly constructing and selling electric smoke, electric strawing pipes, waterproofing, pipes connectioning, pipes for pipes, connectioning, non-metallic materials for pipes, steel materials reinforcement, filling materials for rubber or plastic materials, waterproofing, waterproofing, nonmetallic metal products, pipesing, pipesing, pipesing, pipesing, rubber, rubber boxes, rubbering, rubbering, rubbering, rubbering, rubbering, rubbering, non-metallic connecting tools, pipesing, pipesing, pipesing, pipesing, plastic pipes, and plastic products

(1) On May 31, 2011, 201, the organization of 41360(2) and designated goods of earlier application 1.3) / 2011. The organization of 441360(2) and/or 41360(3) / 11 of the classification of goods is to be operated for Mixer taps,man and staps, fitus and taps, fitus and h-hums, bitus and hums, demband and bitus, 36(2) / 201 / 201 / 2007 / 107 / 2007 / 2007 / 2007 / 100777/ 2000 / 1000 / 20000).

C. On April 3, 2012, the Plaintiff filed an application for the instant trademark on April 3, 2012. On March 6, 2014, the examiner of the Korean Intellectual Property Office (hereinafter “Korea Intellectual Property Office”) filed an application for the instant trademark, and on March 6, 2014, the applied trademark is similar to the international trademark and the designated goods are similar, and thus, cannot be registered as it falls under Article 8(1) of the Trademark Act. In accordance with Article 23(

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