등록취소(상)
1. The decision made by the Intellectual Property Tribunal on October 1, 2014 on the case No. 2013DaDa2942 shall be revoked.
2. The costs of lawsuit shall be.
1. Basic facts
A. The registered service mark 1) registration number / filing date / registration date / renewal date of registration: 34846/346/14, 1995/2 January 29, 1997 / 21.208: designated service: motor vehicle transportation business, parking lot leasing business, motor vehicle leasing business, air transportation agency business, cargo delivery business, small cargo delivery business, news delivery business, E-mail transportation business, international complex transportation business, and door-to-door sales business 4): The defendant [the applicant [the registration number 039972, a company separate from the defendant, and the defendant].
From March 29, 2005, the non-party corporation Lee business person (hereinafter referred to as the "resident") on March 29, 2005
[B] A previous registration was made on February 20, 2014 before the Defendant’s future registration
B. On November 7, 2013, the Plaintiff asserted that “the Defendant, the holder of the right, did not use the registered service mark of this case in Korea for at least three years prior to the filing date of the instant request for revocation (No. 2013Da2942)” against the Defendant on November 7, 2013, and filed a trial seeking the revocation of the registration thereof (No. 2013DaDa2942) with the Intellectual Property Tribunal. (2) On October 1, 2014, the Korean Intellectual Property Tribunal rendered the instant trial ruling dismissing the Plaintiff’s request on the grounds that “the Plaintiff constitutes a non-exclusive licensee who has been granted implied permission to use the registered service mark of this case from the Defendant, the holder of the right to use the registered service mark of this case, and the registered service mark of this case constitutes a non-exclusive licensee who is recognized as identical to the registered service mark of this case.”
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, evidence 3-2, 4, evidence 13-1 through 4, Gap evidence 14, Eul evidence 65 and 66, the purport of the whole pleadings
2. Summary of the parties' arguments;
A. The plaintiff's assertion of this case.