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The decision made by the Intellectual Property Tribunal on January 2, 2020 by the Intellectual Property Tribunal on the case shall be revoked.
Costs of lawsuit shall be borne by the defendant.
Reasons
1. Basic facts
A. The registration number 1)/ filing date/registration date/registration date/registration date: Trademark C/D/ E////Sgd. 2 June 5, 2019) previous designated goods: Pre-designated goods classified under Category 18 of the Product Category: precious metal paper bags, document bags, handbags, Handbags, domins, non- precious metal product bags, fur-skis, primary skis, cards, procks, procks, procks, protrudings, non-metallic metal product bags, etc., and the Plaintiff transferred the right to the registered trademark of this case from the holder of the right to the registered trademark of this case.
B. (1) On July 18, 2018, the Defendant filed a petition for the instant revocation trial seeking the revocation of the trademark registration on the ground that the instant registered trademark was not used in the Republic of Korea for at least three consecutive years before the filing date of the petition for adjudication. (2) The Intellectual Property Tribunal on January 2, 2020 submitted by the Plaintiff cannot be deemed to have been properly used in the Republic of Korea within three years before the filing date of the petition for revocation of the instant registered trademark on at least one of the designated goods subject to the revocation, and there is no other evidence to acknowledge it. Thus, the instant registered trademark is deemed to have not been properly used in the Republic of Korea, on the ground that its registration should be revoked under Article 73(1)3 of the former Trademark Act (wholly amended by Act No. 14033, Feb. 29, 2016; hereinafter the same).
[Judgment of the court below] Facts without dispute, Gap's evidence of subparagraphs 1 through 4, and the purport of the whole pleadings
2. The summary of the Plaintiff’s assertion is that the trademark identical to the registered trademark of this case is a trademark right holder or a non-exclusive licensee, G, one of the designated goods, on July 18, 2018.