등록취소(상)
1. The decision made by the Intellectual Property Tribunal on June 24, 2019 by the Intellectual Property Tribunal on a case No. 2018DaDa2771 shall be revoked.
2. The costs of lawsuit shall be.
1. Basic facts
(a) The filing date 1)/ the registration date / the renewal date/registration number: C/D/ the registration date / the renewal date: 3) Designated goods: 1) Shall be dried in Category 29 of the Product Classification; 200: 1. can be dried in Section 29 of the Product Classification; 2000; 1. can be dried in Section 29 of the Product Classification; 2. The Plaintiff (owner of a trademark right; 3) the Plaintiff: water supply room for beverages of Category 32 of the Product Classification; 32 of the Product Classification; fruits of fruits; fruits of fruits; 2. The fruits of fruits; 32 of the Product Classification; 32 of the Product Classification; 32 of the Product Classification;
B. On August 24, 2018, the Defendant filed a request for a trial to revoke trademark registration on the ground that the registration of the registered trademark has to be revoked pursuant to Article 119(1)3 of the Trademark Act (No. 2018No. 2771) since the registered trademark was not used in the Republic of Korea for at least three consecutive years on the designated goods without justifiable grounds (see, e.g., Supreme Court Decision 201Da2771, Jun. 24, 2019). On June 24, 2019, the Korean Intellectual Property Trial and Appeal Board rendered a trial decision (hereinafter “instant trial decision”), which
In other words, it is not recognized that the trademark used by the Plaintiff’s actual use of the trademark is identical to “acap powder” and “acap cocopy” as the designated goods of the registered trademark, and there is no other evidence to acknowledge that the registered trademark was properly used within three years prior to the date a revocation request is filed.
【Ground of recognition】 The fact that there is no dispute, entry of Gap Nos. 1-3, the purport of the whole pleadings
2. Determination as to the illegality of the trial decision of this case
A. Article 119(1)3 of the Trademark Act provides that a trademark registration may be revoked where “any of the trademark rights holders, exclusive or non-exclusive licensee fails to use the registered trademark in the Republic of Korea for at least three consecutive years before the date a request for revocation is filed without justifiable grounds,” and the main text of Article 119(3) of the Trademark Act requests a revocation trial on the designated goods.