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(영문) 서울고등법원 2016.02.18 2015누42253

반려처분취소

Text

1. The plaintiff's appeal is dismissed.

2.The costs of appeal shall include the costs resulting from the participation in the appeal.

Reasons

1. Facts of recognition;

A. The Plaintiff filed an application for the registration of the trademark right of the IC with the Plaintiff, and the Defendant made a decision to revoke the registration of the trademark right of the IC as to February 29, 2012. (2) Although the Plaintiff did not transfer the trademark right of the C to the Defendant joining the Defendant, E transferred the trademark right of the CC to the Defendant joining the Defendant on January 12, 2007, stating that “The Plaintiff transferred the trademark right of the C to the Defendant joining the Defendant on August 3, 2005, while the Plaintiff and the Intervenor did not use the C trademark right for more than three years,” the Patent Tribunal filed a request for a trial against the Defendant joining the Defendant on the grounds that the Defendant did not have the trademark right holder of the said trademark right, and the Intervenor revoked the registration of the CC on August 31, 2007, on the ground that the Defendant did not receive a duplicate of the written request for a trial and did not have any reply, the Patent Tribunal revoked the registration of the 2037 et al.

3) The Defendant filed for registration of the extinguishment of trademark right under the CC on November 20, 2007 on the ground that the Defendant’s decision was finalized on October 5, 2007 by the respondent, not the above trademark right holder, but as the Defendant was the Defendant’s Intervenor, and registered the extinguishment of trademark right under the CG on the ground that the said revocation decision became final and conclusive on October 5, 2007. (b) The Defendant filed for registration of the trademark right under the JG Act. The Defendant filed for registration of the trademark right with the F trademark right holder E, and the Defendant filed for registration of the establishment of trademark right (registration number H) of theG as of August 28, 2018

2) E filed an application for the registration of trademark rights of JK, and the Defendant made a registration of the establishment of trademark rights of K Act (registration number L) with F owner of trademark rights as E and with its duration as of August 28, 2018. (c) E transferred trademark rights to the Intervenor’s Intervenor around December 2008, and the Defendant transferred the trademark rights of K to the Intervenor’s Intervenor, and upon the application of E and the Intervenor’s Intervenor.