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(영문) 특허법원 2018.11.28 2018허4768
등록무효(디)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

(a) The registration number of the registered design of this case (Evidence A 2 and 3) 1 / the filing date / the registration date: C/D/ E 2 : The name of a product: H/ E 3: as shown in attached Form 1: the design right-holder: the defendant;

B. Prior designs 1, 2, and 3 are identical to prior designs 1, 2, and 3 submitted in a trial for invalidation of design registration, respectively, and prior designs 4 and 5 are newly submitted as prior designs in a trial for invalidation of design registration.

1) 1 (A)/Public Notice: The name of the article F/ G/H: F/H of the article: Plaintiff 2(a) of the prior design: (2) the name of the article I (A) (2)(B) or the name of the article (3)(C) is attached: The name of the prior design at issue; (3) the design at issue falls under the name of the prior design at issue; (2) the prior design at issue or at issue; (3) the design at issue falls under the name of the owner of the prior design at issue; (4) the prior design at issue; and (5) the design at issue at issue: (3) the prior design at issue and the Intellectual Property Tribunal at issue; and (3) the design at issue fall under the name of the prior design at issue 1: (1) the prior design at issue and the prior design at issue at issue at issue 2: (3) the title of the article at issue and 2: (5) the prior design at issue are as shown in Appendix 2(C).

2 The Korean Intellectual Property Trial and Appeal Board(Korean Intellectual Property Trial and Appeal Board) shall examine the case as 2017Da1491, and on April 12, 2018.

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