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(영문) 특허법원 2016.01.14 2015허7155

등록취소(상)

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. 1) Date of application/registration date/registration number of the instant registered trademark 1: / On December 16, 2005, organizing on September 20, 2006 / No. 6791332) the designated goods: The trademark right holder of the instant registered trademark right (4) the Defendant: the Defendant’s trademark right holder who has reduced the capital of Category 31, meltages, bean products, bean products, earth and sand, substituteds, mags, maws, re-ma, Gemansium, Gemangsium, and Gemangium

(b) Composition of actual-use trademark 1: 2) Products: The user of bean: the plaintiff (the non-exclusive licensee);

C. On January 26, 2015, the Plaintiff filed a petition for trial against the Defendant for the revocation of the instant registered trademark with the Intellectual Property Trial and Appeal Board on the ground that “The registration of the instant registered trademark should be revoked pursuant to Article 73(1)3 of the Trademark Act, since any trademark right holder, exclusive licensee, or non-exclusive licensee has not been used in the Republic of Korea for at least three years before the filing date of the instant petition for trial without justifiable cause.” (2) On September 25, 2015, the Korean Intellectual Property Trial and Appeal Board rejected the Plaintiff’s petition for trial on the ground that “the Plaintiff used the instant registered trademark in the Republic of Korea” was not deemed to deviate from the scope of the instant registered trademark in light of trade norms and the average English education level of domestic consumers, and, on November 12, 2013, the Plaintiff, a non-exclusive licensee, who was a trademark right holder, received the instant registered trademark “request for suspension of use of the instant registered trademark without permission and revocation of the registration of partial transfer” from the Plaintiff.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 through 6 (including branch numbers if there are branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. Summary of the parties' arguments;

A. The plaintiff.