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(영문) 특허법원 2019.09.27 2019허2585
거절결정(상)
Text

1. The plaintiff's claim is dismissed.

2. The costs of the lawsuit shall be borne by the Plaintiff, including the costs incurred by participation.

Reasons

1. Presumed factual basis

(a) The filing date and publication date/application number of the trademark in this case (Evidence 1) 1: C/D/E/2) previous designated goods: C/D/E/2 for domestic use in Category 5 classification of goods: Initials, zers, agricultural sterilizations, agricultural insecticides, agricultural insects, and insects for agricultural use in Category 5 classification of goods;

B. The filing date/registration date/ the first registration date/ the second registration date/the second registration date (the cause of extinguishment)/registration date: F/G/196. / June 29, 2005. 3) Designated goods: F/G//H29. 6. 29/6. 2015. 1/H2015. 3) Designated goods: The designated goods of the first registered trademark of Class 5 of the classification of goods are classified as Category 10 at the time of trademark registration; however, on July 14, 2005, the classification of goods was converted into Category 5 of the classification of goods at the time of application for the registration of the conversion of the classification of goods: I company [the J company, which filed for registration of the first registered trademark, was changed to K company on December 6, 1995 (the trade name at the time of transfer, but the company was changed to M company on June 1, 2013, respectively, 2009.

A) The trademark right of the pre-registered trademark was transferred to the non-exclusive licensee registered under the name of K company due to the merger on July 31, 2007. K company is an I company at the time of extinguishment of the trademark right of the pre-registered trademark following the completion of the registration of transfer of all rights to the trademark right of the pre-registered trademark under the name of K company. 5) The period of use at the time of registration of establishment of the first non-exclusive use right on March 23, 1989 is "from March 23, 1989 to May 31, 1995" and the period of use at the time of registration of establishment of the non-exclusive use right on June 1, 1995 is "from June 1, 195 to May 31, 2005". (c) The pre-registered trademark is modified by adding figures containing the pre-registered trademark under the pre-registered trademark (Evidence No. 9) after the date of application of this case. 13).

-O Stock Company

D. The circumstances leading to the instant trial decision are as follows.

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