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(영문) 특허법원 2020.11.19 2020허4433
등록무효(상)
Text

The decision made by the Intellectual Property Tribunal on April 14, 2020 on the case No. 2019Da263 shall be revoked.

The costs of lawsuit are assessed against the defendant.

Reasons

1. Basic facts

(a) The Defendant’s registered trademark (A evidence 1-1-2) / the filing date of an application / the filing date of C/D/E 2): Cosmetics of Category 3, skin white-cream, beautyback, cosmetics for cremation, hair bath for cremation, hair for human body, flavoring, custom, settlement of women’s office for non-medical treatment, quality washing agents for non-medical hygiene, cleaning agents for human body, non-medical hygiene, and dental medication, dental medication for non-medical treatment;

(b) The Plaintiff’s registered trademark 1 (Evidence 2) registration number / filing date of the application, / renewal registration date: F/G/H/H/3: (c) designated goods classified into Category III: C, Handcing, Handcling, Hegel, cream-micking, eyebling, cream-micking, carving, carving, scambling, scambling, scaming, Mashing, Moshing, Mashing, Mashing, Mashshing, Mashshing, Mashshing, Mash-2) of the human body,

C. On January 22, 2019, the Plaintiff’s trial decision of this case (Evidence A No. 4) against the Defendant as the Intellectual Property Tribunal No. 2019Da263 on January 22, 2019, and “The instant registered trademark is identical or similar to the prior registered trademark and its designated goods, so its registration should be invalidated as it falls under Article 34(1)7 of the Trademark Act.” 2) The Intellectual Property Tribunal requested a trial for invalidation of registration on April 14, 2020.

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