상표권이전 등록신청 처분취소
The appeal is dismissed.
The costs of appeal are assessed against the Plaintiff.
The grounds of appeal are examined.
1. As to the grounds of appeal Nos. 1 through 3
A. Whether a certain act of an administrative agency can be a subject of appeal cannot be determined abstractly, and according to a specific case, an administrative disposition is a law enforcement with respect to specific facts conducted by an administrative agency as the subject of public authority, which directly affects the rights and obligations of the people. In mind, the decision should be made by taking into account the content and purport of the relevant Act and subordinate statutes, the subject, content, form and procedure of the act, the substantial relation between the act and the disadvantage suffered by the interested parties, such as the other party, and the purpose of the administrative litigation system or the protection of the rights and interests of the people
(see, e.g., Supreme Court en banc Decision 2008Du167, Nov. 18, 2010; Supreme Court Decision 2010Du19720, Jun. 14, 2012). Article 64(2) of the Trademark Act provides that trademark rights of a corporation under liquidation procedures are extinguished on the date following the date of registration of completion of liquidation of a corporation (where the liquidation affairs are not actually completed even if the registration of completion of liquidation was completed, the date whichever comes earlier between the date on which the liquidation affairs are actually completed and the date six months after the date of registration of completion of liquidation).
In addition, the Trademark Act only lists the cases where the registration of a trademark right is the effective requirements for the occurrence or change of a right and the case of the requisite for setting up against a third party (Article 56 (1) and Article 58 (1) of the Trademark Act), and stipulates that the effect of the trademark right shall not take effect unless it is registered only when it is extinguished due to the waiver of
(Article 56, Paragraph 1, Item 1 of the Trademark Act). Therefore, the registration of cancellation of trademark right has been completed on the Trademark Register on the ground that the registration of completion of liquidation for a corporation which is a trademark right holder.