등록취소(상)
1. The decision made by the Intellectual Property Tribunal on July 3, 2018 on the case No. 2017DaDa2385 is revoked.
2. The costs of lawsuit shall be.
1. Basic facts
A. Plaintiff’s registered trademark 1) Date of application/registration date/registration number: C/D/E 2) previous designated goods: New ginseng, etc. classified by category 31 of goods;
B. On July 27, 2017, the Defendant filed a petition with the Intellectual Property Tribunal for a trial against the Plaintiff for revocation of the trademark registration on the ground that “new ginseng (hereinafter “designated goods subject to revocation”) among the designated goods was not used in the Republic of Korea for at least three consecutive years before the filing date of the petition for a trial. 2) On July 3, 2018, the Intellectual Property Tribunal filed a petition for a trial against the Plaintiff for revocation of the trademark registration on the ground that the trademark “(s)” and “(s)” (hereinafter “actually used trademarks”) used by the Plaintiff for the designated goods subject to revocation.
(2) The registered trademark of this case and the registered trademark of this case were revoked on the ground that it is difficult to see that the registered trademark of this case is identical in light of the common sense of the trade society, and otherwise, the Plaintiff did not prove the fact that the registered trademark of this case was properly used on the designated goods subject to revocation and that the Plaintiff did not use the registered trademark of this case. (hereinafter “instant trial decision”).
【Ground for recognition】 The fact that there has been no dispute, Gap Nos. 1 and 2, and the purport of the whole pleading
2. Determination as to the propriety of the instant trial decision
A. From October 1, 2015 to October 30, 2015, the Plaintiff sold raw ginseng products using trademarks for actual use. From October 1, 2015 to October 30, 2015, in 2016 and 2017, the Plaintiff indicated the trademarks for actual use on the customer card and customer card bags, which are the designated goods subject to the cancellation of the instant case.
The trademarks in actual use are different from the registered trademark of this case and the composition of colors, text parts, and shape and shape of dials, but are used in a form that can be seen the same as the registered service mark of this case in light of the common sense of the trading society.
Therefore, the registered trademark of this case is subject to this.