등록취소(상)
The plaintiff's claim is dismissed.
Litigation costs shall be borne by the plaintiff.
2. The plaintiff's ground of appeal pointing this out is justified. The plaintiff's ground of appeal pointing this out is justified.
(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 of the request for revocation trial.
(1) The case number trial decision number number 2019Heo7566 2018No1666 2018 Doz. 2018 Doz. 2018 Doz. 2018 Doz. 20167 Doz. 2018 Doz. 20167 Doz. 2018 Gaz. 2018 Gaz. 2018 Doz. 1669 Gaz. 20161 Gaz. 2018 Gaz. 20168 Gaz. 20168 Gaz. 20163 Gaz. 2016 Gaz. 20163 Gaz. 20164 Gaz.
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.