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(영문) 특허법원 2020.12.03 2019허7627

등록취소(상)

Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

A. The registered trademark of this case was not proved to have been properly used in the Republic of Korea within three years prior to the date of the request for revocation of the registered trademark of this case with respect to more than one of the products, and the registration of the designated goods of this case was revoked.

The case number decision number 2019Heo7603 203 2018 1656 dives, diskettes, anti-cot, 2019Heo7610 dives, 2018 dives, kives, kives, kives, KON-based 1659 dives, 2018 dives, 2018 dives, 1661 dives, 2018 dives, 1661 dives, 2018 dives, 208 dives, 8200 dives, 825 dives, 8205 dives, 8201 dives, dives, 85 dives, 8201 dives, dives,618 dives,65 dives.

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.