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(영문) 특허법원 2016.09.30 2015허8332
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) The date of application (No. 1)/registration number of the Defendant’s registered service mark (No. 1)/ the date of application/registration: C/D/E2) previous service business: Cosmetics wholesale business, cosmetics retail business, cosmetics sales agency business, cosmetics sales brokerage business, cosmetics sales agency business, cosmetics sales agency business, cremation equipment retail business, cremation equipment sales agency business, cremation equipment sales agency business, cremation equipment sales agency business, cremation equipment sales brokerage business, cremation equipment sales agency business, cremation equipment sales agency business, cremation equipment sales brokerage business, cremation equipment sales brokerage business, cremation collection and innurik retail business, cremation collection and sales agency business, cremation collection and sale agency business, drug retail business, and dental sales agency business;

(b) Pre-use trademark/service mark 1) Gu : Product service business: Cosmetics and cosmetics sales business;

C. On January 19, 2015, the Plaintiff’s trial decision of this case (Evidence A4 No. 1) against the Defendant, who is the person entitled to registration of the instant registered service mark, the Intellectual Property Tribunal. The registered service mark “ of this case” means not only Article 7(1)11 of the former Trademark Act (amended by Act No. 1403, Feb. 29, 2016; hereinafter “former Trademark Act”) but also Article 7(1)11 of the former Trademark Act (amended by Act No. 14033, Feb. 29, 2016; hereinafter “ODM” of the Defendant and the Plaintiff is a abbreviation of “manufacturer’s development and production”, which is often translated as “manufacturer’s development and production,” and if the orderer entrusts the manufacture of the product to the manufacturing company, the manufacturing company shall develop and manufacture the product and deliver the product to the manufacturer, and the order distributor and sell the product.

In other words, unlike "OEM (OEM)" which simply produces and supplies goods according to the design drawings provided by the orderer, the manufacturer will produce and supply the goods in the lead at the request of the orderer.

In light of manufacturing process trading, Article 7 (1) 12 of the former Trademark Act is also applicable.

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