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(영문) 특허법원 2020.12.03 2019허8279

등록취소(상)

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The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

A. The registered trademark of this case was revoked on the ground that the registered trademark of this case was not proved to have been properly used in the Republic of Korea within the preceding three years.

3) Meanwhile, the details of the instant cases regarding the instant registered trademark are as follows. Case number number 2019Heo7603 2018 1656 locked, 2018 Baccot, 2019Heo7610 Maccot, 2018 Maccot, 1658 Maccot, 1658 2018 Maccot, ccot, 2019Heo7627 2018 1659 2018 Maccoon, Kexta, 2019734 2018 20160 Maccot, 2018 2018 Maccot, 2016 Maccot 1641620 Maccot, 2018 Maccot 20165 Maccot, 2015 Maccotts

2. The gist of the Plaintiff’s assertion, G and H are non-exclusive licensee or exclusive licensee of the instant registered trademark, and the instant registered trademark was properly used on the designated goods in the instant case as follows within three years from the date of appeal (on June 1, 2018).

Nevertheless, the decision of this case has to be revoked in an unlawful manner because it judged otherwise.

Sale in the website shopping mall: A limited liability company attached the trademark of this case to the designated goods of this case through the I website around 2016 and 2017.

B. Indication on the designated goods: The product photographs on the designated goods of this case submitted by the Plaintiff contain the set number, and according to the set number system, the above goods are within three years before the date of the request for the trial of this case.