반려처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. The Plaintiff registered the establishment of trademark right (registration number: D) with respect to B’s “C” (hereinafter “instant trademark”).
B. On January 26, 2007, E requested a revocation trial on the trademark registration of this case against Switzerland, and the Intellectual Property Tribunal rendered a decision to revoke the trademark registration of this case on August 31, 2007.
(hereinafter “Trial Decision of August 31, 2007”). The Defendant cancelled the establishment of the trademark right of this case according to the trial decision of November 20, 2007 and closed the original trademark register on August 31, 2007.
E registered the establishment of trademark rights (registration number: H) for F “G” (hereinafter “new trademark”).
C. On April 2009, the Plaintiff became aware of the cancellation of the establishment of the trademark right of this case through a public official belonging to the Intellectual Property Trial and Appeal Board, and the Plaintiff and E’s above public official in charge of arbitration (i) requested a retrial against the trial decision of August 31, 2007, and (ii) was transferred a new trademark from E without compensation.
Of the above measures, the Plaintiff selected a new trademark transfer from E without compensation, and accordingly, transferred the trademark right of this case from E on April 14, 2009.
On October 8, 2012, 201, the Patent Tribunal claimed that the registration of the new trademark should be revoked pursuant to Article 73(1)3 of the Trademark Act, on the ground that the new trademark was not used in the Republic of Korea on the designated goods without justifiable grounds, and that the new trademark should be revoked pursuant to Article 73(1)3 of the Trademark Act. On June 5, 2013, the Patent Tribunal rendered a ruling to dismiss the request for adjudication on the revocation of the new trademark registration.
(hereinafter “Decision on June 5, 2013”). Launchron filed a lawsuit against the Plaintiff on July 1, 2013 against the Plaintiff on the revocation of the trial decision on June 5, 2013. The Patent Court of Korea filed a lawsuit against the Plaintiff on January 28, 2014 on the ground that the new trademark was not used in the Republic of Korea for at least three consecutive years on the designated goods without justifiable grounds, Article 73 of the Trademark Act.