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(영문) 특허법원 2020.06.12 2019허6495

등록취소(상)

Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Presumed factual basis

A. The filing date/registration date/Renewal registration date/Renewal registration date/: E/F/25/G 25/G 2019: 3) Designated goods: The owner of the trademark right for electrical temperature 4) for medical temperature 10 categories of goods: the Plaintiffs.

B. On November 9, 2017, the Defendant filed a request with the Intellectual Property Tribunal for a trial to revoke the registration of the instant registered trademark with the following grounds: “The instant registered trademark constitutes Article 119(1)1 of the Trademark Act because it constitutes a case where a trademark right holder intentionally uses a trademark similar to the designated goods or uses the registered trademark or similar trademark on goods similar to the designated goods, and any person among the trademark rights holders, exclusive or non-exclusive licensee, uses the registered trademark at home for at least three consecutive years before the date of request for trial, and thus, falls under Article 119(1)3 of the Trademark Act as it is not used in Korea for at least three consecutive years before the date of request for trial.” (2) The Intellectual Property Tribunal deliberated on the instant request for a trial with the Intellectual Property Tribunal as the case No. 2017Da3506, Aug. 21, 2019; and (3) it is difficult to recognize that the Plaintiffs were using the registered trademark similar to the instant registered trademark on the grounds of Article 119(1) of the Trademark Act.