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(영문) 특허법원 2016.08.31 2016허3020
등록취소(상)
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On March 22, 2016, the Patent Tribunal dismissed the Plaintiff’s appeal on the ground that the evidence submitted by the Plaintiff on March 22, 2016 alone does not recognize that the trademark owner, exclusive licensee, or non-exclusive licensee was using the trademarks in actual use similar to the instant registered trademark on purpose, thereby causing consumers to confuse the source of goods in relation to the Plaintiff’s prior registered trademark/service mark. This is alleged to fall under Article 73(1)2 and 8 of the Trademark Act, and filed a petition with the Intellectual Property Tribunal for a trial seeking the cancellation of registration of the instant registered trademark as the Intellectual Property Tribunal 2015Da1344.

B. The registration number 1)/ the filing date/registration date of the instant registered trademark 1: 3) Designated goods classified as Category B/C/D2: Category 20 unit, table, beer (non-medical use), beer, beer, beer, beer, tacker, tacker for a hospital, beer, beer, beer, beer, beer, beer, tacker, tacker, tacker, tacker, bed, bed, bed, bed, bed, bed, bed, bed, bed, bed, bed, bed, bed, bed, bed, bed, and 4). The defendant's trademark right holder:

(c) Goods using trademarks 1 (A) of the real-use trademark 1 (b) of the real-use trademark 1 (A): Electric bed, electric wave, and furniture 2) of the real-use trademark 2(b): Electricity bed, electric wave, and furniture;

(d) The Plaintiff’s prior registered trademark and prior registered service mark 1(A) / the filing date / the filing date / the filing date of the registration: The designated goods constituting the trademark registration No. 5323//100 on October 23, 2001 / 19/3, 201.3. 16/2013. (b) of March 16, 201: Electric shocks, non-medical electrical appliances in Category 11, classified into the category of goods: Electric shocks, electric ions, electric ioners, electric ions, electric ioners, ruptures, electric ruptures, electric ruptures, electric ruptures, electric ruptures, electric ruptures, nonmedical electric ruptures, nonmedical ruptures D.

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