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(영문) 특허법원 2015.08.27 2015허376
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) The Plaintiff’s filing date 1)/ the date of decision for registration / the date of registration / the date of registration / service mark registration : 3 designated service business: Finte retail business for medical use in Category B/C/D/ service mark registration E 2: Meet retail business for clothing, cosmetic retail business, medical machinery and appliances purchase brokerage business, cosmetics purchase agency business, medical machinery and appliances purchase agency business, medical appliances and appliances purchase agency business, medical appliances and appliances retail business, medical appliances and appliances retail business, clothing sale business, medical appliances and appliances brokerage business, medical appliances and appliances brokerage business, medical appliances and appliances brokerage business for cremation / brooms/ non-faks retail business, compact/non-faks for cremation for cremation, medical wump / medical package / medical package / container wump for medical treatment, electricity and appliances retail business, medical appliances and appliances retail business, medical appliances and appliances retail business, medical appliances and appliances import/export business, cosmetic removal/import business, food and retail business, medical appliances and wholesale business.

B. Defendant’s prior-use mark 1) The prior-use mark 1, 2, and 3 (the prior-use mark 3) and (the prior-use mark 4) prior to the date on which the registration of the instant registered service mark was determined. However, there is no evidence to acknowledge this, Defendant’s prior-use mark 1, and 2 (the prior-use mark 1:b) prior-use mark 2: medical supplies wholesale and retail business, medical appliances wholesale and retail business, cosmetics wholesale and retail business, cosmetics wholesale and retail business, therapeutic products wholesale and retail business, non-pharmaceutical products wholesale and retail business, industrial facilities machinery and equipment wholesale and equipment retail business, and related products wholesale and retail business, each subparagraph related to export and import business, trade business, manufacturing business, medical appliances, medical appliances, manufacturing business, therapeutic products, foods, health products, manufacturing business, industrial machinery and equipment goods, communications business related to each subparagraph, manufacturing business, food, machinery and business related to machinery and equipment and related business, food-related business, food-related business, etc.

C. The instant trial decision is rendered.

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