등록취소(상)
The plaintiff's claim is dismissed.
Litigation costs shall be borne by the plaintiff.
. The same applies to the case before wholly amended by Act No. 14033 of 29.
(1) The Plaintiff filed a petition for adjudication on revocation of registration by asserting that the registration should be revoked (hereinafter referred to as “instant petition for adjudication”).
(2) On December 13, 2019, the Intellectual Property Tribunal rendered the instant trial ruling revoking the registration of the instant designated goods among the instant registered trademarks on the ground that it was not proven that the instant registered trademark was properly used in the Republic of Korea within three years before the date of the request for revocation trial.
Case Number Decision No. 2019Heo7566 2018No1666 cherbs, cherbs, children’s clothes, cherbs, cherbs, 2019No7573, 2018No1667 [Stenographic clothes], lock clothes 2019No7580 20168 cherbs, 1669 cherbs, 2018 2018 1671 2018 2018 2018 cherbs 2016718 cherbs 2018 cherbs 20168 cherbs 20168 cherbs 36161, 208 cherbs 36161, 2061, 364, 2016
2. The summary of the Plaintiff’s assertion falls under F and G, a non-exclusive licensee or exclusive licensee of the instant registered trademark, and the product photographs on the instant designated goods submitted by the Plaintiff include set numbers. According to the set number system, etc., it can be seen that the instant designated goods were produced and sold within three years prior to the date of the instant request for a trial.
Therefore, the Plaintiff properly used the instant registered trademark on the designated goods in Korea within three years from the date of request for trial by a non-exclusive licensee or exclusive licensee ( June 1, 2018).
Nevertheless, the decision of this case should be revoked because it is judged differently.