등록취소(상)
The plaintiff's claim is dismissed.
Litigation costs shall be borne by the plaintiff.
. All amendments made before the amendment; hereinafter the same shall apply.
(1) The Plaintiff filed a petition for adjudication on revocation of registration by asserting that the registration should be revoked (hereinafter referred to as “instant petition for adjudication”).
(2) On September 11, 2019, the Intellectual Property Tribunal rendered the instant trial ruling revoking the registration of the instant designated goods among the instant registered trademarks on the ground that it was not proven that the instant registered trademark was properly used in the Republic of Korea within three years before the date on which the revocation request was filed.
The case number trial decision number number 2019Heo7566 2018No.7566 2018da1666 kackers, children's clothes, ckackers, 2018da1667 / [Stenographic clothes] 2019Hu7580, 2019No.7580, 1669 Gazers, 2019No.7597 2018 1671 / 2018 2018 / 1671 2018 / 2016 - 361 /61 208 /61 /61 206 /61 208 /61 /61 206 /206 /361 /61 / 2061 / 206 / 2061 / 2061 / 2061 of the registered trademark of this case as follows.
2. The summary of the Plaintiff’s assertion falls under F and G, a non-exclusive licensee or exclusive licensee of the instant registered trademark, and the product photographs on the instant designated goods submitted by the Plaintiff include set numbers. According to the set number system, etc., it can be seen that the instant designated goods were produced and sold within three years prior to the date of the instant request for a trial.
Therefore, the Plaintiff properly used the instant registered trademark on the designated goods in Korea within three years from the date of request for trial by a non-exclusive licensee or exclusive licensee ( June 1, 2018).
Nevertheless, the decision of this case should be revoked because it is judged differently.