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(영문) 특허법원 2020.12.03 2019허7641

등록취소(상)

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The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

A. On the ground that the registered trademark of this case was not proved to have been properly used in the Republic of Korea within three years before the date a request for revocation was filed, the instant trial decision revoking the registration of the designated goods of this case among the registered trademark of this case was rendered.

(1) Case Number Decision 2019Heo7603 203 2018 1656 dives, diskettes, anti-cot, 2019No7610 2018 kives, kives, inner panty, lock clothes 2019No7627 2018 1659 kives, Kexs, pons, ponz, scisf, 2019 7634 2018 20160 1661 2018 2018 2018 2018 62018 2018 654 165202 20202 820202 165 1652002 165 205 205 160 165 201202 2018 kives

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, and the product photographs on the instant designated goods submitted by the Plaintiff include set numbers. According to the set number system, etc., it can be seen that the instant designated goods were produced and sold within three years prior to the date of the instant request for a trial.

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.