등록취소(상)
The plaintiff's claim is dismissed.
Litigation costs shall be borne by the plaintiff.
. All amendments made before the amendment; hereinafter the same shall apply.
(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 September 11, 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 on which the revocation request was filed.
The case number trial decision number number 2019Heo7566 2018No1666 2018 2018 Gacket, children's clothes, Cockket, 2019No7573 2018 167 / [Stenographic clothes] 2018 1669 Docl 201669 Docl 2017 2018 20167 1671 / 2018 2019 20198293 2018 1664 /65 2018 / 201 /61 / 206 / 201 / 361 /61 / 2061 / 206 / 201 / 3061 /61 / 2061 / 2061 / 2063 of the registered trademark of this case as follows.
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. Since the shape of product photographs on the instant designated goods submitted by the Plaintiff in this case is written in the manufacturing date, it can be known that the instant designated goods were produced and sold within three years prior to the date of the request for the trial decision.
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 has to be revoked because it is judged differently.
3. This.