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(영문) 특허법원 2016.06.09 2016허1024

등록취소(상)

Text

1. The decision made by the Intellectual Property Tribunal on January 14, 2016 by the Intellectual Property Tribunal on the case shall be revoked.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. Basic facts

A. The Defendant’s registered trademark 1) filing date/registration date/registration date/registration number of the renewal/registration date of the trademark: B/ C/ 2010: 3 designated goods classified into Category 25 goods: household goods, bamboo, rubber, rubber, high-tension, golf, strings, fishing, strawing, fire extinguishing, strings, strings, strings, strings, strings, double-proofs, holdings, vinyls, sandbrings, skiings, skiings, strings, new strings, steel products for new launchings, campings, thrings, Embs, off-to-land advertising, work, commercialization, strings, strings, strings, carvings, carvings, strings, carvings, strings, carvings, carvings, strings, carvings, carvings, carvings, trivings, trirization, trirtonization, ices.

(b) Composition of trademark 1: 2) Goods used: 3) User: A stock company (exclusive licensee).

(c) Composition 1 of the Plaintiff’s subject trademarks: (The subject trademarks 1), (subject trademarks 2) the date of commencement of use: From 1984 to the world stores, and goods imported from 2003 to the Republic of Korea: Clothing, shoes, and bags products;

D. On April 15, 2015, the Plaintiff asserted that the instant registered trademark should be revoked pursuant to Article 73(1)3 and 8 of the Trademark Act, and filed a petition with the Intellectual Property Trial and Appeal Board against the Defendant on April 15, 2015. On January 14, 2016, the Plaintiff did not have used the instant registered trademark in Korea for at least three consecutive years prior to the filing date of the petition for trial. The instant registered trademark used by E, an exclusive licensee of the instant registered trademark, is the same as the instant registered trademark 1 widely known at home and abroad, and there is a risk of confusion between consumers as to the origin of the instant registered trademark. Thus, the Intellectual Property Trial and Appeal Board (2) deliberated the instant registered trademark with the Intellectual Property Trial and Appeal Board as an exclusive licensee of the instant registered trademark, and claimed the instant registered trademark to be properly used in Korea within three years prior to the filing date of the petition for trial, and on January 14, 2016.