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(영문) 특허법원 2017.06.29 2017허1632
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) 1) Date of application/registration date//registration number: B/C/D2): 3 Designated goods: contact lenses of Category 09 classified into goods;

B. On February 2, 2017, the Korean Intellectual Property Trial and Appeal Board (2015Da5206), the Defendant filed a petition for a registration invalidation trial against the Plaintiff on the ground that “the instant registered trademark falls under Article 6(1)3 and 7 of the former Trademark Act (amended by Act No. 14033, Feb. 29, 2016; hereinafter the same) and its registration should be invalidated.” 2) The Korean Intellectual Property Trial and Appeal Board (2) on February 2, 2017, “this case’s registered trademark is directly connected to “Contact”, which is the designated goods, and it has been used in the same sense from a trade society for more than 10 years, and thus, the instant registered trademark constitutes an exclusive trademark under Article 6(1)3 and 7 of the former Trademark Act, which is difficult to distinguish a person’s designated goods, and thus, constitutes a trademark that constitutes a trademark that constitutes a trademark of this case and its exclusive use under Article 6(1)3 of the former Trademark Act.

【Reason for Recognition】 Each entry and video, and the purport of the entire pleadings of evidence Nos. 1 through 3

2. Under the Plaintiff’s assertion, the instant registered trademark (hereinafter referred to as the instant registered trademark) does not fall under Article 6(1)3 and 7 of the former Trademark Act with respect to “Contactren,” which is the designated goods, and its registration should not be invalidated. However, the instant registered trademark should be revoked on the ground that it is unlawful in conclusion.

Article 6 (1) 3 of the former Trademark Act generally applies to contact lenses, which is the designated goods of the trademark of this case.

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