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(영문) 특허법원 2017.06.30 2017허1670

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) Registration number 1) / Date of application / Date of registration / Date of registration: C/D/E 2: Designated goods: as shown in attached Form 3: A trademark right holder: the Plaintiff;

B. On January 20, 2015, the preceding trial decision and the final and conclusive judgment Defendant filed a petition with the Intellectual Property Tribunal for revocation of trademark registration against the Plaintiff on the ground that “The registered trademark of this case shall be revoked, on the grounds that: (a) any of the trademark right holders, exclusive or non-exclusive licensee has not been used for the designated goods in the Republic of Korea for at least three consecutive years; and (b) any of them has no justifiable reason to have not been used for the designated goods; and (c) the Korean Intellectual Property Tribunal deliberated on the case No. 2015 Party 164; and (d) November 26, 2015 on the ground that the registered trademark of this case was properly used by the non-exclusive licensee within three years prior to the date of the instant petition for trial; and (e) the Defendant brought a lawsuit for revocation of the trial decision under the Patent Court Decision No. 2015Hu8462, Jul. 1, 2016; and (e) the Patent Court has no evidence to recognize that the registered trademark of this case was properly used within three years prior to the trademark right.

(2) The Plaintiff filed an appeal with Supreme Court Decision 201Hu1505 Decided September 8, 2016 to the effect that the registration should be revoked as it falls under Article 73(1)3. The Plaintiff filed an appeal with Supreme Court Decision 2016Hu1505 regarding the above judgment, but the said judgment became final and conclusive as it became final and conclusive on September 8, 2016.

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