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(영문) 서울행정법원 2013.01.31 2012구합32000

상표권이전 등록신청 처분취소

Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. Each trademark right of this case (registration number: d, B, C, and hereinafter "trademarks 1 through 3") is applied by Geumyang Products Co., Ltd. (hereinafter "gold Products") and registered in the name of Geumyang Products. The registration date is as follows:

1 Trademark 2.3 Trademark 3. EF G on the date of trademark right registration

B. The Plaintiff was ordered to transfer each of the trademark rights of this case to the provisional seizure and provisional seizure as follows, as a creditor against the gold and water delivery.

(2) Order of provisional seizure (1) on December 24, 2010, 201 for provisional seizure (No. 2010Kadan7110) on December 28, 2010: (1) Order of provisional seizure (No. 2010Kadan710) on December 24, 2010; (2) Order of provisional seizure (No. 98Kadan40963, Feb. 18, 1998; 1) Order of seizure (No. 205, No. 2015, Feb. 15, 2010; 1) Order of seizure (No. 35, 2015, issued on February 23, 2018; 1) Order of seizure (No. 2010Kadan710, 2010) on December 24, 2010; 2) Order of seizure (No. 35, 2015.

C. On February 16, 2012, the Plaintiff was ordered to transfer each of the trademark rights of this case by Sungwon District Court Branch 201TTT 8531, and the said transfer order was finalized on April 18, 2012.

The gold and crude acid was registered on December 6, 2010.

E. Based on Article 64(2) of the Trademark Act and Article 14(1)1 of the Decree on Registration of Patent, etc., the Defendant respectively cancelled the registration of the trademark on February 24, 2012 and on October 31, 2012, on the ground that “gold Product acid was registered for the completion of liquidation on December 6, 2010.”

(hereinafter referred to as the "registration of cancellation of this case"). [The ground for recognition] does not dispute.