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TITLE [Invalidation of Registration (Trademark)]Supreme Court Decision 2007Hu3301 Decided May 28, 2009 [full Text]
Summary
[1] The meaning of ""interested person"" who can seek an adjudication on the invalidation of registration of a service mark and the proper time to determine whether a claimant qualifies as an interested person (=at the time of rendering an adjudication) [2] Legal interests seeking revocation of an adjudication are recognized where a valid unfavorable adjudication from patent administrative procedure continues to exist and the intention not to use the registered service mark is expressed explicitly/repetitively [3] The registered service mark ""¿ì¸®ÀºÇà"" (""WOORI BANK"") constitutes ""a service mark which does not distinguish a service business relation for consumers"" under Article 6 (1) 7 of the Trademark Act [4] The meaning of ""a trademark feared to be contrary to the public order or good customs"" under Article 7 (1) 4 of the former Trademark Act [5] The registered service mark ""¿ì¸®ÀºÇà"" (""WOORI BANK"") is an unregistrable service mark as ""the trademark feared to be contrary to the public order or good customs"" under Article 7 (1) 4 of the former Trademark Act
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