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(영문) 특허법원 2016.07.01 2015허8462

등록취소(상)

Text

1. The decision made by the Intellectual Property Tribunal on November 26, 2015 on the case No. 164 is revoked.

2. The costs of lawsuit shall be.

Reasons

1. Basic facts

(a) Registration number 1)/ Date of application / Date of registration: Composition of trademark registration C/D/E 2: Designated goods (attached Form 1; hereinafter the same shall apply): A trademark right holder: The plaintiff;

B. On January 20, 2015, the Korean Intellectual Property Tribunal 2015Da164 decided January 20, 2015, the Plaintiff filed an application for trademark registration with the mark “BYIS BYS BYS BS B,” and “BYSSS SYNERY SYY SYY SIS SIS SIER,” with the intent of using the trademark as a mark for goods identical or similar to the designated goods of the FF registered trademark. 2) The Plaintiff alleged that “The instant registered trademark was rejected on the ground that the said applied trademark was similar to the instant registered trademark, and that “the instant registered trademark was not used for the designated goods in Korea for more than three consecutive years by either the trademark holder, the exclusive licensee, or the non-exclusive licensee, and there is no justifiable reason for not being used for the designated goods, and thus the registration should be revoked.”

3) On November 26, 2015, the Korean Intellectual Property Tribunal rendered the instant trial ruling dismissing the Plaintiff’s request for revocation trial on the ground that “The instant registered trademark was rendered by the non-exclusive licensee within three years prior to the date of the instant request for a trial, on the grounds that “The instant registered trademark was properly used among the designated goods by the non-exclusive licensee within three years prior to the date of the instant request for a trial, on the grounds that “The instant registered trademark was rendered by the non-exclusive licensee on the grounds that “The general painting number attached with the same mark as “A (hereinafter “G”) on June 10, 2014 and December 27, 2014 (hereinafter “actually used trademark”) was supplied to H (hereinafter “H”) with the trademark attached with the same mark as “A” on June 10, 2014 and December 27, 2014.”

2. The parties' assertion and judgment

A. The gist of the Plaintiff’s assertion is that the registered trademark of this case is legitimate by the trademark right holder, etc. within three years prior to the date of the instant request for a trial.