The case holding that the registered trademark may be deemed to have been properly used on the designated goods in case where the registered trademark was displayed on the Kajug, along with other trademarks, in the form of two or more different trademarks, along with photographs of the designated goods, etc.

The case holding that the registered trademark may be deemed to have been properly used on the designated goods, in case where the trademark was displayed on the car-sloping, along with the various trademarks, in the form of two or more different trademarks, along with photographs of the designated goods, etc.

Article 73(1)3 of the former Trademark Act (amended by Act No. 5355 of Aug. 22, 1997)

[Plaintiff-Appellant] Plaintiff 1 and 1 other (Law Firm Gyeong, Attorneys Park Jae-young et al., Counsel for plaintiff-appellant)

g. Licoina (Patent Attorney Long-ro et al., Counsel for the plaintiff-appellant)

Appellant (Patent Attorney White-young, Counsel for defendant-appellant)

Korean Intellectual Property Office Decision 95Na212 dated August 29, 1997

The appeal is dismissed. All costs of appeal are assessed against the claimant.

We examine the grounds of appeal.

The court below held that the registered trademark of this case (registration No. 1 omitted) was used by the non-exclusive licensee of the registered trademark of this case (registration No. 1 omitted), and Eul No. 1, which was submitted by the respondent, was indicated as data using the registered trademark of this case in the form of right and wrong with other trademarks. However, since the use of the registered trademark of this case does not seem to have lost identity and independence as a trademark, it can be seen that the registered trademark of this case was advertised with pictures such as "blos" or "slos", which are the designated goods, and thus, the use of the registered trademark of this case was not used in relation to the designated goods, and it should not be viewed as using the registered trademark of this case only under the pretext of the cancellation of registration due to non-use, and the time of use of the registered trademark of this case by evidence No. 1, No. 1, 1992, the court below's determination that the registered trademark of this case should be revoked within 3 days prior to the date of cancellation of registration by the non-exclusive licensee.

All of the grounds of appeal cannot be accepted.

Therefore, the appeal is dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Chocheon-sung (Presiding Justice)