logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 특허법원 2018.08.17 2018허3147
등록취소(상)
Text

1. The decision made by the Intellectual Property Tribunal on January 23, 2018 by the Intellectual Property Tribunal on the case No. 2017Da2260 shall be revoked.

2. The costs of lawsuit shall be.

Reasons

1. Basic facts

(a) The registration number 1) / the filing date of the instant registered trademark / the filing date of the trademark registration : The designated goods of Category 3, cosmetics for cremation, flags, flags, plastics, Mac, Macos, oil for food flags, whites, lags, laundry, laundry, laundry for cremation, marine for cremation, shampoos, shampoos, shampoos, flags, prins (non-medically, oral, luminous, Mazcos, and marins).

B. On July 17, 2017, the Defendant filed a petition with the Intellectual Property Tribunal for a trial against the Plaintiff for the revocation of the trademark registration on the ground that the registered trademark of this case was not used in the Republic of Korea for three consecutive years or more before the filing date of the trial on the designated goods “cosmetic No. 3 of the Product Classification No. 2017Da2260,” on the grounds that the Plaintiff filed a petition with the Intellectual Property Tribunal for a trial to revoke the trademark registration of this case on the grounds that the Plaintiff did not properly use the registered trademark of this case for the designated goods, or did not prove the fact that he/she properly used the registered goods of this case, or that he/she did not prove any justifiable reasons for failing to use them. 2)

【Confession based on Recognition】 (Article 8(2) of the Administrative Litigation Act, Article 150(3) and (1) of the Civil Procedure Act)

2. Whether the trial decision of this case is unlawful

A. On the following grounds, the Plaintiff asserts that the instant registered trademark was used by a non-exclusive licensee at least one of the designated goods of this case within three years prior to the date the instant request for revocation was filed. “The Plaintiff’s wife E as the representative director, and registered the trade name as of January 18, 2012 and November 4, 2016, with the purpose of manufacturing and wholesale and retail businesses, etc., as G Co., Ltd. (hereinafter “F”).

arrow