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TITLE Supreme Court Decision 2012Hu2227 decided October 11, 2012 [Registration Cancellation (Trademark)] [full Text]
Summary
[1] The standard on which to determine whether there is confusion between a prior used trademark (used by a trademark owner) and a trademark that is the subject of confusion; which is a ground for cancelling a trademark registration, according to Article 73 (1)-2 of the Trademark Act [2] In a case where foreign corporation Gap which own subject trademarks "" "" and "" "" demanded cancellation of trademark registration against trademark owner Eul which owns the registered trademark "" "" on grounds that the trademark conforms to Article 73 (1)-2 of the Trademark Act etc.; we affirm that the judgment below which deemed that the use of Eul's prior used trademarks "" ,"" "" ,"" and "" "" had the risk of causing confusion with products related to Gap corporation's business in relation to the subject trademarks was just
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