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(영문) 특허법원 2015.02.05 2014허7288

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) Date (1)/registration number of the registered trademark of this case: 2/C/D (2) composed of the designated goods: golfization, c/C/D (3): 25 categories of goods; farming c/c/c/c/c/lication; sandbox, slocks; sports strings; sports strings; rac/c/c/c/cot; reflectrs; Bancot, Paris, strings; new uniforms, children’s clothes, uniforms; dubs; raw clothes, infant uniforms, uniforms, children’s uniforms, caps, work clothes, locked; compacts, compactas; Pots; Pots; Maz; Maz; Maz; Maz; Maz; Maz; Maz; Maz; Maz; Maz; Maz; Maz; Maz; Maz; Maz; Maz; Maz; Maz; Marts; Marts; Mats; Mats; Mats;

B. (1) On October 1, 2013, the Plaintiff asserted that “The registered trademark of this case is not used for three consecutive years (from October 1, 2010 to September 30, 2013; hereinafter referred to as “period of demand for use”) before the date of the request for the revocation trial on all the designated goods of this case, and that the registration must be revoked pursuant to Article 73(1)3 of the Trademark Act.” The Plaintiff claimed that “The registered trademark of this case shall be revoked pursuant to Article 73(1)3 of the Trademark Act.”

(2) After reviewing the above appeal by the Intellectual Property Trial and Appeal Board as 2013Da2633, August 7, 2014, the Plaintiff’s trial decision dismissing the Plaintiff’s appeal on the ground that “The instant registered trademark is deemed to have been properly used in the Republic of Korea by way of gara, infant clothes, Pours, and Twitts among the instant designated goods, during the period of increase of the use thereof, the non-exclusive licensee corporation, a non-exclusive licensee, is not subject to Article 73(1)3 of the Trademark Act.”