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(영문) 특허법원 2017.02.07 2016허2430
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 of the instant registered service mark: On October 24, 2013, 2014, 303263(2) / 3): Designated service business: four-day service business, marina business, restaurant business, beauty consultation business, beauty and beauty service business, beauty service business, beauty and beauty service provision business, part-time service business, massage and beauty service business, massage service business, massage and beauty service business, massage business, massage service business, massage service business, massage service business, beauty and beauty service business, beauty service business, beauty and beauty service business, beauty service business, beauty and beauty service business, beauty service business, beauty and beauty business, beauty service business, artificial standard service business, artificial pressure service business, cremation (hereinafter “instant designated service business”).

4) Service mark right holder: Defendant

(b) 1) Filing date/registration date/registration number: B/C/D (B/D) composition: Designated service right holder of a service mark classified by service business category 44: beauty and beauty business, beauty and beauty service information business, finger-to-door beauty business, beauty and beauty service business (co-ownership), beauty consultation business (hereinafter referred to as beauty and beauty service business): Plaintiff 2) filing date/registration date/registration date/registration number / B/ E/F(B) composition: C) designated service business classified by service business category 44: service right holder: service mark right holder: the Plaintiff

C. On July 30, 2013, the instant registered service mark was amended by Act No. 11962 of the former Trademark Act in relation to the relationship with the service mark 1 and 2 of the earlier application to the Intellectual Property Tribunal.

(hereinafter the same shall apply.

(2) On the ground that “The registered service mark 1 and 2 are not yet registered at the time of the application for the instant registered service mark,” the registered service mark of this case does not constitute “the registered service mark of another person prior to the filing of an application” in relation to the instant registered service mark, and the registered service mark of this case is neither a “registered service mark of another person” nor a “registered service mark of another person” nor a “registered service mark of this case” in relation to the instant registered service mark.

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