등록취소(상)
The decision made by the Intellectual Property Tribunal on September 11, 2019 on the case No. 2018Da1656 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of this case with respect to more than one of the products, and the registration of the designated goods of this case was revoked.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) The case number number 2018 1656 locked 2018 Ba1656 Back, Maccot, 2019 Maccot, 7610 2018 Macco, ccode, cpanty, locking 2019 Hu7627 201659, Kexz, Pexz, Pexz, 2019 Hu7634 2018 1660 2018 20161 2018 20198 201626208 2018 2018 Maccot, 2018 Maccot, 205 Macco-1651, 208 Macco-1651, 208 Macco-1651,205 Macco-16581,2700
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. Publication in the product file: A limited liability company G employs a photographic author I and employs him/her on July 27, 2015 and on the designated goods of this case around July 20, 2016.