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(영문) 특허법원 2018.08.24 2017허8275
등록무효(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) Trademark 1) Date of application/registration date/registration number: 12.3/16/10, 1143153/2, Nov. 16, 2015: 3) Designated goods of Category 3: The owner of the right to the product, who is classified into the following categories: cosmetics, functional cosmetics, mecke business, cosmetics, bathing cosmetics, skins, skins, paints and facks, paints and facks, wire-cream products, paint social sirens, faceneers, faceneers, facenes, dys and gys and gys: The defendant;

(b) 11) Date of the prior registered trademark / Date of registration / Registration / Number : Composition of October 30, 2017 / June 30, 2015 / Designated Goods under International Trademark No. 8180872) : The right holder is as listed in attached Form 4: The Plaintiff

(b) Date of application 21)/registration date/registration number: 25 June 25, 2012 / 103/ October 23, 2013 (No. 102781) : 3) Designated goods: The right holder of the right to obtain the Plaintiff, who is entitled to obtain the Plaintiff, in the case of skin cream, skin skin skin scream, skin sck and sck sck scream, skin sck and scke scke scke scke 4) classified as the category of goods:

(c) Composition of pre-use trademark 1: 2) Goods: The plaintiff; 3 users of cosmetics;

D. (1) On March 18, 2016, the Plaintiff’s ground for trial decision: (a) against the Defendant on March 18, 2016, the former Trademark Act (wholly amended by Act No. 14033, Feb. 29, 2016; hereinafter the same applies) relating to the registered trademark 2.

) In relation to Article 7(1)7 of the former Trademark Act and Article 8(1) of the former Trademark Act in relation to the pre-registered trademark 1, the Korean Intellectual Property Tribunal filed a petition for a trial for invalidation of registration on the registered trademark (No. 2016Da697, Oct. 16, 2017) by asserting that it falls under Article 7(1)10 through 12 of the former Trademark Act in relation to the pre-registered trademark 1, and filed a petition for a trial for invalidation of registration (No. 201

(hereinafter “instant adjudication decision”). 【No ground for recognition”, “A, Nos. 1, 2, 3-1, 2-2, and the purport of the entire pleadings”

2. Determination as to the propriety of the instant trial decision

A. The summary of the Plaintiff’s assertion 1 is based on the premise that the registered trademark is as follows:

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