등록취소(상)
The decision made by the Intellectual Property Tribunal on October 8, 2019 on the case No. 2018Da1654 shall be revoked.
The costs of lawsuit are assessed against the defendant.
A. The registered trademark of this case was not proved to have been properly used in the Republic of Korea within three years prior to the date of the request for revocation of the registered trademark of this case with respect to more than one of the products, and the registration of the designated goods of this case was revoked.
(1) Case Number Decision 2019Heo7603 203 2018 1656 locked, Maccocot, 2019No7610 2018 Maccot, 1658 Maccot, crode, crode, lock clothes 2019No7627 201659, Kexz, Pexz, 2019Hu7634 2018 201641 2018 2016161 2018 20164161 2018, 2018 Maccot, 2018 Maccot, Maccot 2018 Maccot, Maccot 2018 Maccot, Maccore 2018 Maccot, 2018 Maccot 20165 Ma2718
2. The summary of the Plaintiff’s assertion, F and G are non-exclusive licensee or exclusive licensee of the instant registered trademark, and the instant registered trademark was properly used on the designated goods of this case within three years from the date of request for adjudication (as follows, June 1, 2018):
Nevertheless, the decision of this case has to be revoked in an unlawful manner because it judged otherwise.
Sale in the website shopping mall: A limited liability company G sold the instant registered trademark on the designated goods of this case through H website around 2016 and 2017.
B. Indication on the designated goods: A set number is indicated in the product photographs on the designated goods of this case submitted by the Plaintiff, and the set number is indicated.