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(영문) 특허법원 2020.04.02 2019허8002
등록취소(상)
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. (1) Date of application/registration date/registration number: 3) Designated service business: Advertising business and commercial information service business, publication advertising business, advertisement and commercial promotional material distribution business for the purpose of advertisement, marketing consultation business, product exhibition business, promotion agent business, price comparison service business, commercial information provision service business, purchase order management and retail business, container lenses washing and retail business, container package retail business, inside-to-door retail business, inside-market retail business, wholesale business (4) : Defendant (G after its registration of the service mark in this case, the Defendant completed the registration of transfer on January 15, 2019)

B. (1) On January 22, 2019, a corporation A (hereinafter “A”) filed a claim against the Defendant for a trial to revoke the registration of a service mark on the ground that the registered service mark of this case was not used in Korea for three consecutive years without justifiable grounds, and that the registration should be revoked pursuant to Article 119(1)3 of the Trademark Act.

(2) On October 14, 2019, the Korean Intellectual Property Tribunal dismissed A's request for a trial on the ground that the registered service mark can be duly used by the defendant who is the holder of the service mark within three years before the date of request for a trial on October 14, 2019.

(hereinafter referred to as “instant trial decision”). C.

On November 12, 2019, A filed the instant lawsuit seeking the revocation of the instant trial decision. On November 25, 2019, Seoul Rehabilitation Court 2019 Gohap10197, which was pending in the instant lawsuit, was decided to commence rehabilitation proceedings.

The plaintiff taken over A.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 3, the purport of the whole pleadings

2. Whether the trial decision of this case is unlawful

A. The summary of the Plaintiff’s assertion (1) is the summary of the Plaintiff’s assertion.

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