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(영문) 특허법원 2015.09.10 2015허1683

등록취소(상)

Text

1. The decision made by the Intellectual Property Tribunal on January 5, 2015 by the Intellectual Property Tribunal on the case No. 1262 shall be revoked.

2. The costs of lawsuit shall be.

Reasons

1. Basic facts

(a) The Plaintiff’s registered trademark 1) date/ the registration date/ the renewal date/registration number: On May 2, 1994,/ on June 26, 1996, / on January 19, 2007, No. 342025-2 of the trademark registration / on January 19, 2007 : 3) the designated goods: Bodrid Game apparatus, Mab Game apparatus, metal straws, metal straws, plastic straws, plastic straws, rubber straws, rubber straws, straws, Madle type, and soft strawlss using TV straws (excluding amusement machines attached to TV straws).

(ii)operation and amusement machines, other than those attached to TV sets;

A person shall be appointed.

B. On May 30, 2014, the Defendant claimed against the Plaintiff on May 30, 2014, that “The instant registered trademark is not used for three or more consecutive years prior to the filing date of the trial for revocation of the trademark registration without justifiable grounds, on the grounds that “The instant registered trademark is not used for metal straws, straws, rubber straws, rubber straws, strings, straws, and plastic straws,” and that the trademark registration is revoked under Article 73(1)3 of the Trademark Act. 2) The Intellectual Property Tribunal deliberated on the said trial as 2014Da12622, and rendered the instant trial ruling accepting the Defendant’s request on January 5, 2015.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 3, purport of the whole pleadings

2. Of the designated goods of the registered trademark of this case, the decision on the trial of this case, which judged otherwise, is unlawful even if the registration of this case was not revoked, since the goods for which the trial of revocation was requested by the plaintiff were used in Korea within three years before the date on which the trial of revocation was requested.

3. Whether Article 73(1)3 of the Trademark Act applies to the registered trademark of this case, according to the evidence Nos. 6-1 through 6, Gap evidence Nos. 7 and 8-1, 2, and 13 of the Trademark Act.