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(영문) 특허법원 2019.11.01 2019허3748
거절결정(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) Number B/C 1) / filing date: 3 designated goods classified as electric washing machines, robots, circuit transmission winders, air compresseders, circuit compressioners, air compressioners, air conditioners, air conditioners for cooling, air-type food-processing equipment in category 11 of classification of goods, and joint equipment for water purification, solar heating board, solar heating board, air cooling system, heating system, LED lamps, gas bags, electric clothing building and household type electric appliances having the function of electric appliances for household type 7 of classification of goods, and electric appliances for household use, which have the function of preventing spathing/hing/disning, and electric clothing management equipment for household use, which have the function of preventing the spathing/dising/ladation, and electric clothing management equipment;

(b) Registration number 1) / filing date / registration date: 3) Designated goods: A holder of the right to register electric appliances for non-medical treatment, electric appliances, non-medical electrical bags (non-medical or electrical appliances), non-medical electrical appliances, cupture 4) for each category of goods, as classified in Category 11; G;

C. 1) On July 25, 2017, the examiner of the Korean Intellectual Property Office notified the Plaintiff of the grounds for rejection that the trademark applied for registration of the Plaintiff’s trademark at issue falls under Article 33(1)3 of the Trademark Act because the trademark applied for registration at issue falls under the category of designated goods, and is similar to the registered trademark, the mark, and the designated goods and thus is ineligible for trademark registration pursuant to Article 34(1)7 of the Trademark Act. The Plaintiff presented a written opinion on September 25, 2017. However, the examiner of the Korean Intellectual Property Office presented the written opinion on September 25, 2017, but the examiner of the Korean Intellectual Property Office did not find any matters that could reverse the said grounds for rejection as a result of the reexamination on November 29, 2017 (hereinafter

(2) On January 2, 2018, the Plaintiff filed a request for revocation of the instant decision of refusal (No. 2018 Won17), and the Intellectual Property Tribunal on April 9, 2019.

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