등록취소(상)
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
(a) Registration number 1) / filing date / registration date / registration date / registration date / registration date: B/ C/D/ E 2: 3) Designated goods: Morse for mountain or camping in Category 22 of the classification of the goods, riding club in Category 25 of the classification of the goods ( riding club, fishing club, horse-riding in Category 28 of the classification of the goods, horse-riding club in Category 28 of the classification of the goods;
B. 1) On June 17, 2013, the Defendant filed a claim against the Plaintiff on the part of the designated goods of the instant registered trademark with the Intellectual Property Tribunal for the following reasons: “Fele, Bae and Bae” (hereinafter “instant designated goods”).
2) As to the Plaintiff’s petition for adjudication on revocation of registration (hereinafter “instant adjudication on revocation”) No. 2013 party 1600
(2) On February 24, 2014, the Korean Intellectual Property Tribunal accepted the Defendant’s claim on the ground that it is difficult to deem the registered trademark of this case to have been properly used on the designated goods of this case in Korea within three years prior to the filing date of the instant revocation trial, and rendered the instant trial decision revoking the registration of the designated goods of this case on the ground that the evidence submitted by the Plaintiff on February 24, 2014 is insufficient to deem that the registered trademark of this case was properly used on the designated goods of this case within three years prior to the filing date of the instant revocation trial.
[Judgment of the court below] The ground for recognition is without merit, Gap evidence 1, Gap evidence 29, the ground for appeal
2. The parties' assertion
A. The Plaintiff, a trademark holder of the instant registered trademark, who is the non-exclusive licensee of the instant registered trademark, made and transferred the instant designated goods bearing the instant registered trademark in Korea within three years prior to the date of the request for the revocation trial, or made an advertisement, such as distributing calendars indicating the instant registered trademark and the designated goods.