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(영문) 특허법원 2016.04.01 2015허7001
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. The Plaintiff’s registered trademark of this case (1) / the filing date of an application / the filing date of an application / the renewal registration date: The registration date of the trademark of this case : (3) the designated goods consisting of subparagraph (2) on May 7, 1991 / 17// 2003. 28/3. 2003: (3) the classification of goods - Class (20): The classification of goods - Class (24) the classification of goods of agriculture, tablers, turfs, erosion, irrigation, turfs, beer, - the classification of goods - the classification of goods 24: Jackerer, Ticker (except a shower sturk), plastic pressing (except a shower sturk), bru

B. On October 29, 2014, the Defendant filed an application for trademark registration of the trademark “” (hereinafter “Defendant’s applied trademark”) with the term “,” as designated goods, such as furnitures (Article 40-2014-72826 of the Patent Application Number No. 40-2015-726), and the trademark registration of the Defendant’s applied trademark on May 11, 2015, is completed on June 24, 2015.

(Registration Number No. 40-1113846-000). However, the Defendant’s applied trademark is made by attaching “Maberta” as one of his/her own sex to “Maberta,” a film of his/her film he/she had good.

C. On November 21, 2014, the Defendant asserted that the registered trademark of this case falls under Article 73 (1) 3 of the Trademark Act (hereinafter “designated goods subject to cancellation of this case”) with respect to the “farmer, consignor, scam, scam, scam, and scams” of Category 20 of the Product Classification No. 20 among the designated goods by the Intellectual Property Tribunal (hereinafter “the revocation trial of this case”) and the “scamscams (excluding showcamscams)” of Category 24 of the Product Classification No. 20 of the Product Classification No. 20, and the “the revocation trial of the registration of the registered trademark of this case (hereinafter “the revocation trial of this case”).

On October 1, 2015, the Korean Intellectual Property Trial and Appeal Board (hereinafter “Korea Intellectual Property Trial and Appeal Board”) made on the designated goods, “households, rectangulars, rectangulars, rectangulars, and tabless,” which are identical or similar to the designated goods subject to revocation of the instant case, are designated goods.

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