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The decision made by the Intellectual Property Tribunal on October 8, 2019 on the case No. 2018Da1665 shall be revoked.
The costs of lawsuit are assessed against the defendant.
Reasons
C. The Plaintiff filed a petition for revocation of registration, asserting that the registration should be revoked under subparagraph 3 (wholly amended by Act No. 14033, Feb. 29, 2016; hereinafter the same)
(2) On October 8, 2019, the Korean Intellectual Property Trial and Appeal Board revoked the registration of the instant designated goods among the instant registered trademarks on the ground that it was not proven that the instant registered trademark was properly used in the Republic of Korea within three years before the date of the request for revocation. The instant registered trademark was revoked on the ground that the instant registered trademark was not properly used in the Republic of Korea. The instant registered trademark is within 2019No7566, 2018, 1666, 2019, 2019, 7573, 2018, 2018, 20658, 20616, 208, 20616, 206, 208, 2016, 2065, 206, 206, 208, 206, 2016, 206, 168, 2016, 206, 1668, 16668, 1666, 186, Ma16666, 166,2,206,2,206, Ma166, 36,2018
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, 15, and 16, the purport of the whole pleadings
2. The summary of the Plaintiff’s assertion, F and G are non-exclusive licensee or exclusive licensee of the instant registered trademark, and the instant registered trademark was properly used on the designated goods of this case within three years from the date of request for adjudication (as follows, June 1, 2018):
Nevertheless, the decision of this case has to be revoked in an unlawful manner because it judged otherwise.
Sale in the website shopping mall: A limited liability company G sold the instant registered trademark on the designated goods of this case through H website around 2016 and 2017.
B. Publication in the product file: A limited liability company G employs a photographic author I and employs him/her on July 27, 2015 and on the designated goods of this case around July 20, 2016.